Restrictive covenants are vital to protect a business against competition by former employees, however they are notoriously difficult to draft and enforce. Should action be necessary against a departing employee, employers must act both quickly and strategically to achieve the desired result.
We have the expertise necessary to draft and advise on all kinds of restrictive covenants, and have significant experience in bringing and defending unfair competition actions on behalf of both employers and employees, using specialist injunctive proceedings where necessary.
Post-employment competition can also include team moves, particularly pertinent in sectors where teams rather than individuals are responsible for securing business. There is often a fine line between team moves that are legally permissible and those that are unlawful. We advise on both sides on team moves and poaching raids, including advising on acquiring teams without incurring liability or, conversely, protecting a business against poaching and the significant disruption and costs caused by raids on staff.
- Acted in Sunrise Brokers LLP v Rodgers  EWCA Civ 1373;  WLR (D) 442, a leading restrictive covenant case.
- Acted for various companies in successful interim injunctions against ex-employees accused of data theft and breaches of restrictive covenants.
- Advising a client on a large-scale team move of staff who were threatened with an injunction from their previous employers.
- Acted in a high profile insurance industry dispute in the High Court involving the CEO and management team of an insurance brokerage that resigned and joined direct rival.
- Successfully acted for NHST Media group entities in obtaining injunctive springboard relief against a group of former employees and subsequent claims for damages for breach of contract, unlawful means conspiracy and breach of database rights.