Search

How can we help?

Business Employment

Restricted covenants & team moves

 

Our employment lawyers understand that protecting your assets such as confidential information and trade secrets is a priority and fundamental to your company’s success. We have extensive experience advising employers in situations involving restrictive covenants, team moves and injunctions.

The departure of a valued employee or team often raises sensitive and complex legal issues which need to be addressed as a matter of urgency.

Our team can help you protect these assets from the outset by drafting reasonable, workable intellectual property rights clauses, confidentiality clauses and post termination restrictive covenants into your employee’s contract of employment.

Where such clauses are breached our lawyers are on hand to advise you on the most appropriate course of action you can take to remedy the situation; be that an injunction, mediation or legal proceedings and if the matter does proceed to court, the recovery of damages against the offending employees.

We also advise employers who are recruiting a team from a competitor as well as those who are seeking protection and/or damages in the Courts where a team has moved to a competitor.

An exceptional balance of expertise and personality.”

Legal 500

FAQs- Restricted Covenants and Team moves

This is a type of clause in a contract which seeks to restrict a party from acting in a certain way.  In employment contracts, they are often used to seek to prohibit an employee from doing something after they have left employment, such as soliciting customers and employees or working in a competing business.

The most common types in an employment context are:

  • Non-solicitation clauses – seeking to prevent an ex-employee from contacting certain customers and employees
  • Non-employment clauses – seeking to prevent an ex-employee from offering employment to certain employees even if they do not solicit the contact initially
  • Non-dealing clauses – seeking to prevent an ex-employee from dealing at all with certain customers even if they do not solicit the contact initially
  • Non-compete clauses – seeking to restrict an ex-employee from working for a rival

Yes.  They must go no further than is necessary to protect the employer’s legitimate business interests but provided they meet the legal tests associated with this they are legally enforceable.

Contact our specialist team at Clarkslegal and we can talk you through your options and help guide you through the process.

They may face legal action from the employer. This could include a claim to recover any loss the employer has suffered as a result of their actions and/or an injunction to prevent the employee from continuing to act in breach.

Key contacts

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

Read, listen and watch our latest insights

art
  • 19 December 2018
  • Employment

Recruiters warned of potential liability during Christmas

Recruiters who plan to enjoy the holiday season with colleagues at a party or two should take a tip from a recent court case that suggests the party isn’t necessarily over even when off-site or out of the formal work environment. Highlighted by the recent Court of Appeal decision in Bellman v Northampton Recruitment, a business can be found to be liable for the acts of its staff even after the organised Christmas party is over under certain conditions.

art
  • 22 November 2018
  • Employment

Can AI be ethical?

Most people at work will be more affected by Artificial Intelligence in the future than they realise.

art
  • 15 November 2018
  • Employment

Diversity: it’s fundamental to business success

Embracing diversity enhances business resilience – and the UK can lead the way, says Clarkslegal’s Monica Atwal

art
  • 08 November 2018
  • Employment

Key Parental Bereavement Questions

The Parental Bereavement (Pay and Leave) Act, which received Royal Assent earlier this year, is expected to come into force in 2020. The Act introduces a new statutory right to time off work for employed parents following the loss of a child, enabling the parent to grieve and easing recovery.

art
  • 26 October 2018
  • Employment

Whistleblowing detriment: Personal liability for individual decision makers

In Timis v Osipov, the Court of Appeal held that two directors were personally liable for detrimental treatment following protected disclosures even where the detriment in question amounted to a dismissal. The claimant was dismissed by International Petroleum Limited (IPL) after making a number of protected disclosures on issues relating to poor corporate governance.

art
  • 18 October 2018
  • Employment

Office romances: should entrepreneurs care what happens?

Whether you’re tempted to have a romantic liaison with a new attractive employee or catch your staff sneaking around, you must know how to avoid affairs wrecking your business.Despite the ubiquity of dating apps like Tinder and Bumble, nothing is more thrilling than an office romance.

Clarkslegal’s innovative approach to solving complex cases is consistent; their quality standards are extremely high and their staff are efficient and friendly – overall 11/10!”

Carrol Douglas-Welsh, Head of Employee Relations – Scottish and Southern Energy