Cascading clauses contain a series of overlapping restraints. For example, a clause might purport to restrict an employee from working for competitors for 12 months, or if that is unenforceable, for 3 months. If the Court finds a 12-month restraint unenforceable, the employer may still be able to rely on the 3-month restraint.

However, the clause still needs to operate effectively with the severed clause missing. It’s important to get advice on a cascading restraint clause. A few words here or there could be the difference between an onerous restriction on your future and an unenforceable clause.