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023 8071 8000

or request a callback

""They provide great advice and support in terms of responding and helping us in understanding the process.""

Chambers and partners 2017

""Katherine is able to relate to us and make her advice very understandable""

Chambers and partners 2017

"Naomi Greenwood is held in high regard by clients for her "consideration and clear depth of experience,""

Chambers and partners 2017

"Commercial, pragmatic advice delivered on a timely basis"

Legal 500 2016

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Confidentiality, restrictive covenants, team moves and injunctions

Are you adequately protecting your business? Do you need advice on how to successfully conduct a team move?

We understand that it is a number one priority for any business to ensure that confidentiality is covered thus it is not uncommon for employers to include restrictions in employment contracts to provide protection over knowledge and information gained during employment. These need to be carefully drafted and tailored to your business to ensure that they are enforceable.

It is important to understand that the location where staff work forms part of their contract of employment and any move will give rise to a change in the terms of the employment contract. The team at Moore Blatch will be able to advise you on your position in relation to the employment contract and the proposed move, ensuring you make informed decisions; minimising the chances of a discrimination claim. 

Confidentiality

It is a number one priority for any business to ensure that confidentiality is covered with every individual who comes into contact with confidential information.

If you would like any help in drafting a confidentiality clause for an employment contract or a confidentiality policy which can be used for a non-employee please get in touch with our team who will be able to ensure all the business’ interests are considered.

Restrictive covenants and injunctions

It is not uncommon for employers to include restrictions in employment contracts to provide protection over knowledge and information gained during employment. These restrictions mean that employees agree not to do certain things for a certain period of time once their employment is terminated.

Restrictive covenants can be deemed unenforceable and they cannot be used as a restraint of trade. You need to be able to prove that the restrictive covenant is:

  • reasonable;

  • necessary to protect legitimate business interests; and

  • of a duration no longer than is necessary to protect those interests.

Our friendly team will be on hand to assist you in drafting restrictive covenants which will be legally compliant and enforceable. If you find that an employee is challenging their restrictive covenant, our team will be on hand to analyse the covenant and, where possible, convince the court that the restrictions complied with the law and were sufficiently narrow thus should be enforced. On the other hand, if you believe an ex employee has breached a restrictive covenant we can assist you through the process of gaining an injunction.

Team moves

It is important to understand that the location where staff work forms part of their contract of employment and any move will give rise to a change in the terms of the employment contract. It is important to analyse the employment contract terms to recognise the businesses position.

When considering a team move it is important to consider numerous factors including (this list is not exhaustive):

  • the distance the company intends to move;

  • the number of employees which will be affected;

  • the proposed timescales on the move; and

  • practical issues for employees.

If the employment contract contains a mobility clause it is important to understand whether the mobility clause is adequate in the context of the proposed move.

It is incredibly important that the business has considered whether any employees would be able to bring a discrimination claim. For example does the relocation adversely affect a particular group of employees? 

There are many other decisions a business needs to make for example; whether to offer a relocation package to employees, whether to offer a trial period and whether as the employer you need to pay a redundancy fee. The team at Moore Blatch will be able to advise you on your position in relation to the employment contract and the proposed move, ensuring you make informed decisions.

For more information please contact Katherine Maxwell or Naomi Greenwood.

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