Protecting your business interests

For employers, the departure of an employee can sometimes lead to challenges especially if the former employee solicits or attempts to solicit the company’s clients, work opportunities, or even current employees. These actions can significantly impact a business’s goodwill, profitability, and workforce stability.

Solicitation after employment ends

When a former employee approaches your clients to divert business or tries to poach your staff, it may constitute a breach of contractual or common law obligations. This conduct is often described as “solicitation” and may violate:

• Restrictive covenants in the employee’s contract, such as non-solicitation or non-compete clauses;
• The duty of confidentiality and fiduciary duties owed during and sometimes after employment; and
• Common law principles against unfair competition and inducing breach of contract.

However, enforcing these rights can be complex, requiring a careful balance between protecting the business and respecting an individual’s right to work.

How we can assist

1. Reviewing Employment Contracts and Restrictive Covenants

If you are in a situation as described above, we can assist you in examining the former employee’s contract to identify any restrictive covenants, such as clauses that prohibit soliciting clients or employees after leaving. We can assess:

• The scope of clients, work, or employees covered;
• The geographic and time restrictions applied; and
• Whether the clauses are reasonable, valid, and enforceable under English law.

This initial review helps establish the strength of your legal position.

2. Gathering and Assessing Evidence

Effective legal action requires solid evidence, and we can advise on:

• Collecting evidence of solicitation;
• Assessing the loss and potential damage; and
• Preserving evidence for potential court or tribunal proceedings.

3. Advising on Legal Remedies and Strategies

Depending on the situation, we will recommend the appropriate approach which may include:

• Negotiation or mediation to resolve the dispute amicably, which can save time and cost;
• Sending a cease-and-desist letter (a formal legal warning) to deter further solicitation;
• Initiating court proceedings to seek injunctions preventing ongoing solicitation; and
• Claiming damages for losses caused by the breach.

Prompt action

Delays in addressing solicitation by former employees can exacerbate business losses and weaken legal claims. Early intervention helps:

• Minimise damage to client relationships and employee morale;
• Preserve crucial evidence before it disappears; and
• Demonstrate to the courts and tribunals that the employer is serious about protecting its interests.

When a former employee solicits clients, work, or employees, navigating the legal complexities requires specialist knowledge. We can provide essential support by reviewing contracts, gathering evidence, advising on strategies, and enforcing your rights in court if necessary.

If you would like help protecting your business, speak to our team on 0203 814 2020 or email noel.deans@blasermills.co.uk.