Team Moves & Restrictive Covenants

Solicitors in Essex & London


Our Employment Law team in Essex and London are specialists in advising on team moves and restrictive covenants. This section outlines the definition of each issue and what you as an employee must be aware of from a legal point of view.

If you feel that you require legal advice regarding any of the below areas, our expert employment team can assist you further and advise on next steps. We have offices in Brentwood, Hornchurch and Upminster, and office facilities in Leigh-On-Sea and Canary Wharf, London.

Team moves

A "team move" is a scenario in which two or more employees who work in the same business decide to leave and either set up in competition with their existing employer on their own account or join one of their existing employer's competitors. Typically, their departure involves some degree of coordinated planning among the members of the departing team and/or by their new employer.

Our employment solicitors can advise on the key issues which you will need to consider including your legal obligations and avoiding pitfalls. 

Restrictive covenants

It is not uncommon for senior employees or directors to have detailed restrictive covenants and post-termination restrictions contained within their contract of employment or service agreement.

The most common forms of restrictions are:

  • Non-competition
  • Non-solicitation
  • Non-dealing
  • Non-poaching

The general position is that any contractual term restricting an employee's activities after termination is void for being in restraint of trade and contrary to public policy unless the employer can show that:

  • It has a legitimate proprietary interest that it is appropriate to protect.
  • The protection sought is no more than is reasonable having regard to the interests of the parties and the public interest.

Such restrictions tend to be limited by reference to a period of time after employment has ended, a geographical area or some class of person.

Cases in this area turn on their own facts, making this area of law complex.

If you are currently considering entering into restrictive covenants, it is vital that you understand their implications and you may wish to seek legal advice.

You should also seek legal advice prior to leaving employment if you have restrictive covenants contained within your contract of employment or service agreement. Our employment solicitors in Essex and London are well-versed in dealing with issues around restrictive covenants. 

Our Legal 500 recommended employment solicitors in Essex and London can also act on your behalf if you have received correspondence from your employer or former employer or their solicitors with regard to post-termination restrictions which you wish to receive advice on or challenge.

Book A Free Telephone Consultation

Find out more with a free initial Employment Law consultation

If you require further legal support relating to team moves or restrictive covenants, Pinney Talfourd can help. Our expert employment solicitors in Essex and London will be happy to undertake an initial interview over the telephone to provide you with some general legal advice. This will enable you to determine what the best next steps are for you to take.

Free initial telephone consultations are available at any of our offices located in Brentwood, Hornchurch or Upminster, or at our office facilities in Leigh-On-Sea and Canary Wharf, London. We understand that sometimes it is difficult to arrange calls during working hours, so we also offer early morning, late night and Saturday appointments. All offices are open until 7pm Monday-Thursday.

Our Employment Law accreditations include:

APIL
Legal 500 2019 - Leading Firm

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