Employment | Restrictive Covenants & Team Moves


Post-termination restrictive covenants are a vital means of protecting your business from a departing employee planning to compete or poach clients, suppliers and/or employees.  To be enforceable such restrictions need to be proportionate and go no further than is necessary to protect your legitimate business interests. 

 

We frequently provide clients with:

  • bespoke restrictive covenants tailored to both their business, sector and the role of the individual

  • advice on the enforceability and potential breaches of such restrictions

  • options available in the event of a breach

We also provide employees with advice on the reasonableness and enforceability of restrictive covenants in relation to moving to a competitor.

Restrictive covenants are also extremely relevant when it comes to team moves.  We are experienced in the protection of our clients’ interests in the event of a team move and in assisting clients who fear they are vulnerable to a team move.  As always, our approach is to seek to avoid problems rather than merely solve them and we regularly provide our clients with advice on how to limit the prospect of team moves and to reduce risks if a team move is suspected.

Work includes:

  • advising a national housebuilder on a breach by a former of employee of post-termination obligations

  • assisting a market-leading home appliance brand in safely recruiting a senior executive from a competitor

  • advising on the enforceability of restrictive covenants and drafting post-termination restraints for an international security company

  • acting for a leading recruitment agency in its successful enforcement of post-employment obligations by way of undertakings to the Court following a team move

 

 

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