Team moves

Legal advice on Team Moves

If you would like to speak to one of our solicitors on a confidential basis about a potential or recent team move please call us on 0203 178 5360.

We regularly advise senior executives on the legal and commercial issues surrounding team moves. When we are brought in at an early stage we can guide you through all of the potential pitfalls in order to minimise the risk of an injunction and subsequent claims for breach of contract, conspiracy and/or inducement to breach.

We have been successful at both avoiding injunctions and defending injunctive proceedings for our clients. We are fully-briefed on the case law in this area and can work with you on strategy as well as advising on the legal aspects as regards both the previous and new employers.

Specialist, experienced solicitors

Our lawyers have all worked in the City and are experienced in dealing with the fast-paced and demanding work that comes with the threat or actuality of injunctions and spring-board injunctions. We enjoy this work and helping our clients achieve their goals.

Where there is a substantially common interest we can represent your entire team; alternatively it may be that only one wants to instruct us in order to avoid accusations of conspiracy to breach. We will talk you through the law and how it applies to your factual situation/s. We will advise you on your obligations to your current (or previous) employer, the contracts proposed by your new employer, the express and implied duties you owe and the enforceability of your restrictive covenants. We will guide you through the process of making the move without unnecessary delay.

We have advised a great number of clients on team moves before so we understand how hectic and changeable the situation can be for you. We will provide clear-headed, practical and commercial solutions for how to deal with the situation you face.

As a result of their success, our London based team and our lawyers individually have received acclaim in the leading legal directories: Legal500 and Chambers & Partners.

Common issues on a team move

Some of the most common issues we come across are:

• Assessing the enforceability of restrictive covenants.
• Analysing contractual terms in employment contracts and other side agreements (such as bonus schemes or long-term incentive plan rules).
• Considering the duty of fidelity and fiduciary duties.
• Advising on both the strategic and legal aspects of a team move.
• Negotiating contracts with a new employer.
• Defending injunctive proceedings.
• Avoiding springboard injunctions.
• Advising on how to avoid conspiracy claims.
• Identifying and advising on confidential information.
• Negotiating undertakings.

We have advised teams in a number of sectors – recently including teams in the financial services and recruitment industries – regarding the above common issues. We are happy to talk to prospective clients about potential matters.

Recent matters include

• Advising two salespersons on their contractual restrictions and the scope of their contractual and/or fiduciary duties.
• Advising and negotiating on the repayment of bonuses and retention payments following allegations of breach of restrictive covenants.
• Representing a six-person team on their team move to a rival broker and potential allegations of breach of contract.
• Assessing and advising on restrictive covenants on a daily basis.
• Defending injunctive proceedings for a client in the financial services sector.

Talk to an employment lawyer

If you would like to speak to one of our solicitors on a confidential basis about a potential or recent team move please call us on 0203 178 5360 or email info@kervinandbarnes.com. We act for companies as well as individuals and find that this insight is extremely useful in advising our clients.