Confidentiality, restrictive covenants, team moves & injunctions
Our law firm understands the importance of protecting your business’s confidential information and preventing employees from taking it with them when they leave.
That’s why we offer a comprehensive service for confidentiality, restrictive covenants, team moves, and injunctions. Our experienced team of employment lawyers will work with you to create tailored agreements and provide strategic advice to safeguard your business interests. Trust us to help you navigate the complex legal landscape of employee recruitment and retention.
- You could be left in a very vulnerable position if an employee who is of great value to your business leaves, especially when they may have had access to key business information and subsequently move to another employer (or even competitor).
- For these employees, specific contract clauses may be used to protect your assets, with a key example being the use of confidentiality clauses and restrictive covenants.
- At Moore Barlow we can provide you with the specialist legal advice you may need, thanks to the help of our team of experts. We will help to ensure that these contract clauses are drafted properly and can be enforced to the fullest extent, protecting you and your business.
- We will discuss how we can specifically help you, identifying your needs and making sure your contracts are fit for purpose. If necessary, we can also take action to limit the potential damage if an employee or a whole team has already moved to a competitor.
It is imperative that, as an employer, you protect your assets, as naturally you have invested time and money in your business. You may find yourself in a position of vulnerability if a situation arises where an employee, whom you have trusted and given access to key information, decides to leave and go to another company or set up their own business.
You may be able to mitigate the effect of this happening through a number of different methods, most commonly with the use of protective clauses that are written into employment contracts.
Protecting confidential information is a priority for every business. This can be done by ensuring that your employment contracts contain specific clauses that prevent the use and disclosure of your sensitive business information.
Our team of experts at Moore Barlow can help you draft an employment contract that includes a confidentiality clause or a non-disclosure agreement if appropriate, ensuring all your business interests are considered.
What are restrictive covenants of employment?
Restrictive covenants of employment are clauses in an employment contract that restrict an employee from engaging in certain activities, such as competing with the company or soliciting its clients, after leaving the company.
In order to protect sensitive business information, client relationships and to ensure the stability of your workforce, a restrictive covenant may be included in an employment contract. These restrictions mean that once an employee’s employment has been terminated, they are contractually restricted from certain conduct for an allotted period of time.
However, if they are not drafted to be appropriate and relevant for the employee in question, they can be deemed unenforceable. You need to be able to prove the restrictive covenant is:
- Necessary to protect the employer’s legitimate business interests
- Covers a period no longer than is necessary to protect those interests
- Legally compliant and enforceable
You may be able to take legal action if you believe that a former employee has breached a restrictive covenant, for example by claiming damages or obtaining an injunction. Our team at Moore Barlow will move quickly to maximise protection for your business as speed is often essential for damage limitation.
Our team of employment solicitors
It is sometimes the case that more than just one employee will move to a new employer, occasionally an entire team will leave, which could have serious implications on you and your business. This can be most detrimental when the new employer is a key competitor, as well as the fact that there will be both cost and time involved in recruiting new staff. It poses a very real threat that valuable business information may be divulged to your rivals.
The use of restrictive covenants aimed at preventing team moves can safeguard your business.
Other ways of protecting your business
An employment contract should sensibly include a ‘gardening leave’ clause. This type of clause helps to prevent an employee having further access to sensitive confidential information by excluding them from your business during their notice period.
If an employee holds a senior position within the company, such as a director, then they will owe fiduciary duties to your business that they are expected to fulfil, and by taking part in a team move there is a possibility they may be in breach of those duties. This could then lead to action in the High Court, which means you may need the help of our legal experts at Moore Barlow.
If you haven’t been able to take the necessary precautionary measures mentioned above then you may need to consider other legal action. For example, to prevent a former employee from using your confidential information to fast track their new career at a competitor you could take out a ‘springboard’ injunction against your former employees. This injunction will probably be contested and our team of lawyers will be able to help you be sure the injunction meets the necessary legal criteria.
Why choose our solicitors to help with restrictive covenants of employment?
Here at Moore Barlow, our solicitors are the best choice for handling restrictive covenants of employment because they have years of experience in this field and a proven track record of success. We understand the complex legal issues involved and can provide expert advice and guidance to help you navigate these challenges with confidence. Whether you need help drafting a new covenant, enforcing an existing one, or defending against a claim, our team has the knowledge and skills to get the job done right. So if you want the best possible outcome for your business, choose our solicitors for all your restrictive covenant needs.
How can our solicitors help with restrictive covenants of employment?
We have a team of solicitors who can provide expert advice and guidance on navigating restrictive covenants of employment. We understand the complexities of these agreements and can help ensure they are fair and enforceable. From drafting and reviewing contracts to pursuing injunctions, our team is dedicated to protecting your business interests and ensuring compliance with legal obligations. Trust us to provide the support you need to make informed decisions and protect your business from potential disputes and legal challenges.
With our experienced employment law teams based across our offices in London, Richmond, Southampton, Guildford, Lymington and Woking, we’re ideally placed to offer your business specialist support, both locally and nationally.
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Moore Barlow provides strategic advice and litigation support to clients in relation to senior terminations, discrimination proceedings, redundancies and multi-claimant actions. It is often called upon to advise on internal disciplinary proceedings, and business-wide reorganisations and restructuring matters. The firm additionally advises on employment aspects of business sales and acquisitions, including TUPE. It has significant experience assisting clients in the technology, financial services, hospitality and media sectors.
Chambers & Partners
A personable and at the same time (totally) professional service is provided by Moore Barlow and is one of its key strengths as a business. The team are always available to provide counsel and advice when requested and their turnaround times in completing instructed work is excellent.
Moore Barlow has a breadth of talent and experience which belies their regional location and unquestionably allows them to compete in the busy London & South East legal fraternity. The strong specialist teams have reputations which attract and retain clients across the UK and internationally. My experience is wholly positive having benefitted from a wealth of experience and clear commercial and legal guidance.
I chose Moore Barlow because I wanted the support of a strong, broadly based local firm, with strong commercial and employment knowledge and experience but at regional hourly rates rather than London rates.
Moore Barlow provides the complete professional organisation in terms of HR advice and all other disciplines both in terms of business and personal matters. There fee structures are acceptable for the quality of service which is provided in a friendly manner.
The team we worked with took charge of every detail with an entrepreneurial spirit and commitment. When working with international companies it is essential to know how to share information with respect to the reference country, and this too was done with great pragmatism. The creativity of the solutions and the flexibility in applying them was certainly an added value.