Business protection
Protecting confidential information, client relationships and competitive advantage can be easy to overlook until someone leaves. We help you put the right protections in place at the outset, manage risk during departures, and take decisive action post-termination where covenants are being breached or confidential information is at risk.
The importance of effective protection against unfair competition, loss of clients and misuse of confidential information is easy to overlook. Employees often have access to commercially sensitive information, trade secrets, strategic plans and key business contacts. Without the right contractual protections in place, your business can be left vulnerable when people move on. Taking proactive steps to protect it can make all the difference if issues arise later.
Employers typically seek our support on business protection at three critical stages of the employment relationship:
- On commencement: Where you are preparing or negotiating the employment contract for a new hire and/or need advice on the legal and commercial implications of contractual restrictions imposed by their current employer
- On departure: When an employee is exiting the business and steps are taken to protect your business interests during the notice period (including reminding the employee of their ongoing obligations)
- Post-termination: When there is a concern that a former employee may be acting in breach of their post-termination obligations (or being induced to do so by a competing business)
Post-termination restrictive covenants – such as non-compete and non-solicitation obligations - can be difficult to enforce. If drafted too widely, they will likely be deemed an unlawful restraint of trade, leaving the business exposed. A “one size fits all” approach is rarely appropriate – whereas properly drafted and tailored restrictions significantly increase the likelihood of them being enforceable.
We take the time to understand your business and the commercial interests you are seeking to protect, so that your business is in the strongest possible position to protect its business interests.
We can also advise on how best to protect your business when key employees hand in their notice – and your strategic options if you suspect that an outgoing or former employee is breaching (or planning to breach) their restrictive covenants or misusing your confidential information.
Get advice on protecting your business
Speak to our team for clear, practical guidance tailored to your circumstances.
