Restrictive Covenants and Team Moves – Senior Executives
“Brilliant minds, able to communicate potential problems and prepare you for what is likely to occur”
Legal 500 UK 2022
If you are a senior executive it is most likely that you have post termination restraints in your contract of employment and it is essential that prior to taking any action, you understand the effect of these if you are planning a move to a competing business, either alone or with colleagues.
We are experts in this complex area of law, and routinely advise clients on the scope and enforceability of their post termination restraints so that they can navigate the potential minefields in this area and plan their departure to enable them to go on to the next stage of their career unencumbered, whilst limiting the risk of costly litigation.
If you find yourself in a situation where your ex-employer is seeking to enforce your post-termination restraints, we are here to help. The enforceability of post termination restraints turns on the facts of each specific case, and we will provide a clear analysis of the risks that arise in your particular circumstances, so that you can take an informed decision as to your next steps. We adopt a pragmatic approach designed to find an appropriate compromise and minimise exposure to substantial litigation costs.
Examples of our work:
- Acting for 3 members of a property investment team who left their employer to join a competitor, to include the defence and settlement of proceedings issued by their former employer. Our clients were able to continue working and reached settlement terms substantially below sums sought by former employer.
- Advising a senior executive in advertising business on issues arising, risks and strategy on proposed move with colleagues from his existing employer to a competitor.
- Acting for one of a group of Defendants (all of whom were Lloyd’s insurance brokers) in a three week High Court trial in respect of an alleged team move and other allegations of breach of contract. All claims were dismissed against our client.
- Acting for a senior business development director in family office facing allegations of the misuse of confidential information which included demands for disclosure of communications by WhatsApp and a private email account. Safeguarded our client’s private communications and secured substantial settlement.
- Businesses – Overview
- Restrictive Covenants, Confidential Information and Team Moves
- Misconduct, Poor Performance and Grievances
- Capability Dismissals and Disability Discrimination
- Restructures, Re-organisations, Acquisitions and Sales
- Partnership Disputes and LLPs
- Wider Employment Issues