Our specialist lawyers know how important your customers and employees are and how to protect them as far as possible.
The Blake Morgan Employee Competition and Confidentiality Team has expertise throughout the employment cycle and a successful track record of settling and winning disputes involving breaches of restrictive covenants and confidentiality including:
It is an integral part of our service that our specialist team can advise you on measures to protect your business if you are taking on employees, or teams of employees, from a competitor.
When it comes to protecting your knowledge and people assets, our specialist team is at hand to ensure your employment contracts and service agreements are properly drafted and tailored to:
We can advise on the enforceability of existing contractual provisions and review contractual arrangements when employees are promoted, move jobs or the organisation undergoes change, to ensure the contracts remain fit for purpose. If amendments are required we will suggest these to you. This is an important step in preventing harm by an unauthorised disclosure of your confidential information.
Should an unforeseen situation arise which is a risk to your business, whether this is a former employee leaving the business to join a competitor, or an employee posting information on social media, we can advise on the best strategy to minimise the impact on your organisation.
We know the importance of protecting your business assets and preventing key knowledge and key people being hijacked by the unlawful conduct of departing employees and competitors, and the loss of key customers. If it becomes clear that an employee poses a competitive threat or is acting in breach of his/her obligations (perhaps enticing away customers/staff to a competing business or taking valuable customer information), our specialist team can act swiftly to enforce your organisation's rights to the fullest extent necessary. This may include analysing evidence of wrongdoing, writing to the employee, and possibly future employer, setting out the relevant causes of action to seek an undertaking that the terms of the contract will not be breached, and if required, making appropriate applications to the High Court for injunctive relief.
The team acts for a diverse range of clients that include corporations, private limited companies, owner managed businesses, charities and the public sector. We have particular experience in the retail, healthcare, construction, education, recruitment, IT and charity sectors.
This team is part of our wider Employment and Dispute Resolution teams which have extensive experience of negotiating all types of settlements on behalf of employers in all sectors across the country, with a well-deserved reputation for delivering cost-effective commercial advice which secures our clients' requirements.
Notable examples of the Employee Competition and Confidentiality team's recent successes include:
Our teams of specialist employment lawyers and commercial litigators work together with an integrated approach to ensure you receive a first rate service in any circumstance. The scope of our work includes advising on the situation and prospects of succeeding in your dispute through to issuing and defending proceedings in the High Court as necessary.
The ever-growing importance of precise use and drafting of terms to protect confidential information, and how this can assist in circumstances where an employee is moving to a competing business, has been emphasised in a Court of Appeal case.
Costs in Injunction Applications - Are Claimants entitled to significant costs if they secure only modest damages? This issue was explored in the recent High Court case of Marcura Equities FZE & Anor v Nisomar Ventures Ltd & Anor  EWHC 523 (QB).
Health and Case Management Ltd v Physiotherapy Network Ltd  provides some much needed clarity and guidance on the law on breach of confidence, contractual obligations to act in ‘good faith’, and the practical application of the EU Database Rights.
If you are seeking springboard injunction relief in commercial litigation a recent case shows that it is best to justify the period of estimated head start using examples and factual material and where possible, independent evidence.
In court proceedings injunctive relief may be granted to the claimant after successfully asserting a without notice application in circumstances where, for example, there is a case of extreme urgency or if there is a need for secrecy.
In this particular employment court case, the court had to rule on an interim injunction against a former employee for a possible breach of restrictive covenant. We explore in more detail.
The Court of Appeal decision in Egon Zehnder Ltd v Tillman  placed doubt on whether it was possible for parts of a single covenant to be deleted without changing the nature of the contract.