Restrictive covenants and team moves

With a wealth of experience over many years in dealing with restrictive covenant and team move disputes, we understand the various pressures and interests in play when it comes to employee competition and team move cases. 

There is no such thing as a “watertight” restrictive covenant for every case. Good drafting is critical if non-compete clauses are going to be enforceable against an employee. If a restrictive covenant is too widely drafted and broad in scope, the Court will find it to be an unlawful restraint of trade and unenforceable. For an insight into the factors the Court will consider when determining whether a restrictive covenant is enforceable, please see our blog ‘Restrictive covenants - top 10 tips for an employer’. 

We advise employers on their engagement of directors and senior employees to ensure that appropriate restrictive covenants, confidentiality provisions and duties are included in the contract. Our contracts are tailored to our clients’ business needs. We also act on behalf of employers and prospective employers who find themselves involved in disputes regarding the application and enforceability of restrictive covenants. We are well experienced when it comes to dealing with team moves and have exceptional knowledge and expertise in the issues at stake. We also offer expert advice to senior executives in relation to the application of non-compete clauses when they are negotiating to join a new employer, and when they face enforcement action by their former employer . 

We work hard with our clients, often very urgently in making or defending applications for injunctive relief, to obtain the best solution to cases. We provide the support, resources, commercially sound guidance, and legal expertise that clients need in every step of the process.