Our employment solicitors can advise you on all aspects of employment law including “team moves”.
Send us a confidential message. Our initial call is always a no-obligation consultation.
Team moves occur when a group of employees, often with specialised skills or experience, leave one employer to join another, typically a competitor. These moves can have significant implications for both the departing and remaining staff, raising legal and strategic concerns.
Issues Arising From Team Moves
From both a legal and practical standpoint, team moves can give rise to a number of issues and can be more complicated than originally expected. For example, a team move can include small team of employees all at different seniority levels, where the senior employee is likely to have significant influence over more junior members of the team. If the issues cannot be resolved by mediation or negotiation, proceedings can arise which will be long and costly.
The Employment Team at Wildings Solicitors assist businesses with a variety of Employment Law & HR functions. Head to our Retain & Assure Scheme to find out more about how we can help to give employers complete peace of mind.
Restrictive Covenants: Non-compete clauses, non-solicitation clauses, and confidentiality agreements may restrict departing employees’ activities and protect your trade secrets and customer relationships. However, enforcing these clauses is subject to legal scrutiny, and courts may deem them unreasonable if they unduly restrict employee mobility.
Garden Leave: Garden leave clauses stipulate that employees must remain inactive for a specific period after resignation, preventing them from immediately joining a competitor and potentially aiding their transition to the new role.
Data Protection: Employers must ensure compliance with data protection regulations like GDPR when employees leave, especially if they handle sensitive business information.
Intellectual Property: Ownership of intellectual property created by employees during their employment belongs to the employer unless otherwise contracted. Clear intellectual property policies and assignment agreements are crucial.
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Not necessarily. Restrictive covenants must be reasonable and not overly broad to be enforceable.
Yes, if stipulated in your contract. Breaching garden leave could result in legal action.
Typically, the employer owns it unless otherwise agreed upon.
Do not share confidential information without your former employer’s consent. Seek legal advice if unsure.
Send us a confidential message. Our initial call is always a no-obligation consultation.
862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG
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info@wildings-solicitors.co.uk
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
