Eversheds International
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Employment Termination
Injunctions to restrain unfair competition
The challenge for employers
"In the modern business world movement between competing firms is increasingly common for senior executives. As an employer you need to ensure that you are in a position to protect your own business should one of your senior employees seek to leave, and also be best placed to take advantage if you have the opportunity to recruit a senior employee from a competitor.
"Failure on either side of this equation could mean that your business is commercially disadvantaged in the most damaging way possible, namely a competitive advantage to your competition."
Peter Norbury, Partner
How we can help
We have extensive experience in dealing with employment injunctions in the High Court, Court of Appeal and the House of Lords. Even more importantly, we are adept at achieving the outcome desired whether through negotiation with the other party's solicitors or through the courts.
In this field it is crucial to have solicitors who have an understanding of the intricacies of employment law and how restrictive covenants operate in practice, whilst at the same time having a thorough understanding of High Court practices. A combination of these skills is not found in the run-of-the-mill employment lawyer. We have a number of experts who could assist in this field who are noted for their involvement in this type of work.
Practical help now
Preparation and prevention - get your organisation to a strong starting point:
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review your existing restrictive covenants and keep them updated to ensure that they are likely to be enforceable
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review other preventative measures including:
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garden leave
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deferred bonus arrangement
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deferred LTIPs
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plan other strategies that are available to an employer in seeking to deter senior employees from moving to a competitor.
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