Employee competition – restrictive covenants, protection of confidential information and team moves.
Hot off the press is a very interesting High Court decision in Guy Carpenter -v- Willis [2026] EWHC 361 (KB) about a ‘team move’ of 22 employees, including its CEO, John Fletcher, from Guy Carpenter, a leading global risk and reinsurance broker, to one of the largest insurance brokers in the world, Willis Towers Watson Group.
Guy Carpenter alleged wide ranging breach of duties by its former employees including unlawful means conspiracy. It accused Mr Fletcher of acting as a recruiting sergeant and sought injunctions to stop unlawful competition including poaching of its employees and dealing with its clients until April 2027.
Sensibly the defendant employees, including Mr Fletcher, admitted limited breaches and in the case of Mr Fletcher the judge found that his admissions were accurate. The judge rejected the allegations by Guy Carpenter that went beyond the admissions made by Mr Fletcher and found that he was “honest and straightforward”. The Court declined to give the Claimant employer, Guy Carpenter, any injunctive relief.
This case illustrates the importance of taking specialist advice from solicitors and barristers expert and experienced in the employee competition sphere and will be well received by employers who wish to recruit teams from competitors. As the judge said: “seeking to recruit a team does not have to be unlawful”. Well prepared correspondence and if a matter turns litigious, evidence demonstrating honesty and transparency is key to achieving the objective.
The Moore Barlow employment team has specialised in this type of work, for many years acting for both poacher and game keeper, on applications for injunctions, speedy trials and longer burn claims for damages.
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If you need a business employment solicitor, Moore Barlow can help you navigate complex employment laws and regulations, ensuring that your business is compliant and protected. We offer advice on hiring and firing, contracts and policies, discrimination and harassment, and much more. With our expertise, you can focus on running your business while we handle the legal details.
