Restrictions When Moving Jobs & Joining A Competitor


Being aware of your obligations

If you plan to leave your employer or LLP and join the competition, you should take expert legal advice as soon as possible in the process so that you are aware of the numerous legal pitfalls that await the unprepared.

Whether you have an enticing job offer from another firm, or you plan to set up your own business, going into competition with your employer could involve more than you bargained for.

Even if you’re careful, you could be at risk of costly legal action from your former employer. They could claim that you have unlawfully enticed colleagues or clients to leave with you, that you’ve breached your employment obligations, or that you've removed confidential information.

Being aware of your legal obligations at the outset will ensure that you plan ahead and avoid such legal claims. We can advise you on the correct way to go about leaving your role, how to comply with your legal obligations, what you can lawfully say to colleagues and clients and the enforceability of restrictive covenants. If it comes to it, we can also defend you in High Court proceedings or if your employer obtains an injunction against you.

We've acted in many significant and widely-reported team moves and post-termination restriction (restrictive covenant) claims, particularly in the insurance, legal, asset management, financial services, private equity, recruitment and media sectors.

To find out how we can help, contact Peter De Maria, or contact any of our offices below, use the contact form here