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Advice and representation for employers

Team Moves and Restrictive Covenants

We know that there are few things more important to you as an employer or partnership than your people and the unique knowledge, skills and understanding they have. When those people leave for new employment, like any business you want to protect your information and trade secrets as much as possible.

We regularly work with employers and partnerships of all sizes, and across all sectors, to understand what matters to their business model and how to protect it at times of employee turnover. We know that the best way to future-proof your position is to have robust protections built into your employment contracts or LLP membership documentation, and our expert team can help you tailor these safeguards to suit your needs. If used correctly, provisions such as non-compete, non-solicitation and non-poaching clauses can prevent your valuable client relationships, workforce stability and business strategies being lost. These restrictions need to be drafted carefully in order to be effective in practice and to have the highest chance of being enforceable if challenged by the employee concerned.

Our lawyers understand the danger that a “team move” presents, where several individuals leave for the same new employer at once. The new employer can acquire a new area of business overnight without the work that goes into building it themselves (or buying it). We can help by reviewing the restrictions you have in place and devising a strategy to maximise the protection of your legitimate business interests. We will work hard to preserve your confidential information and trade secrets, engaging digital forensic consultants where necessary to identify what might have been lost and mitigate that to the greatest extent possible.

If enforcement of your rights is required, our team is prepared to defend your position and advocate on your behalf. If possible, we will do so without resorting to litigation, which may include writing to departing employees or partners (and potentially the business they plan to join) to secure compliance with their obligations to you. In many cases, this can be enough to prevent the kinds of activity you are most concerned about. In more difficult cases, our experts will guide you through enforcing your rights through the High Court, including applying for emergency injunctions to stop breaches before they happen.

What can we advise on?

Seeking early advice is key to maximising the protection you can achieve.

Our team can assist with:

Call with confidence and we’ll take care of it

If you need employment law advice and wish to speak to one of our specialist employment lawyers, call us on +44(0)20 3828 0350 or fill out our online enquiry form.