These include sensitivities associated with handling the departure itself and taking the necessary steps to prevent the executive using or disclosing confidential information and/or breaching restrictive covenants.
Employers should also be mindful of the risk that executives may move to competitors and attempt to entice existing clients away from the business using knowledge of their former employer’s business and pricing strategies to give them a competitive edge. Often senior executives leaving to work for a competitor take their entire team with them. All this can present a significant risk to the business, if not managed properly.
Our experienced team can assist you in a number of ways. We can ensure that you have the appropriate protection in place in the form of restrictive covenants and confidentiality agreements at the outset of a relationship and provide you with advice on how to manage the departure of a senior executive and negotiate an “exit package” with the executive’s solicitors. Where executives are suspected of using confidential information and/or breaching restrictive covenants we can apply to the courts for an interim injunction (interim interdict in Scotland) with a view to obtaining swift protection for your business interests.
We have an enthusiastic and knowledgeable team who have a wealth of experience in this area. This allows us to provide you with both legal and practical advice and support at every step of the way.