We are conscious that for individual clients, when moving jobs, restrictive covenants in their employment contract can provide a potentially high hurdle that delays the progress of their career.
Such post-termination restrictions commonly take the form of:
- Non-solicitation provisions, where the individual is banned from encouraging clients, prospective clients or former colleagues from following them to the new employer
- Non-dealing provisions, where the individual cannot work with their former clients for a fixed period of time upon commencing their new role
- Non-compete restrictions, which can, if significant in their scope and duration, keep an individual out of their chosen profession for a significant period of time and can, in some cases, lead to the atrophying of skills and the loss of hard-won industry connections and visibility
- Anti-team move clauses, which prevent colleagues leaving in concert or in close proximity to each other
We help individuals and their colleagues take advice at the appropriate time to ensure they can begin the next chapter in their career with confidence and in a way that avoids disputes.
We are adept at helping individuals, including many senior executives, navigate their post-termination restrictions, especially where the position has added complexity where the employee has fiduciary duties, such as where they are a director, or are in a regulated role.
As a starting point, we draw on our decades of experience in employment law to assess whether post-termination restrictions are enforceable. This can be for a number of reasons, including where the former employer lacks a legitimate interest to protect, where the restriction is too extensive or inappropriate given the nature of the employee’s role and seniority.
We act “in the background” for individuals who are considering or in the midst of a team move. If the matter becomes openly contentious, we act on the record for individuals who are facing threatened or live court proceedings, including in the High Court.