Employee competition and confidentiality

We are market-leading experts in the field of employee competition. Partner Kate Brearley has a pre-eminent reputation in this field and co-authors the definitive text (Bloch & Brearley: Employment Covenants and Confidential Information (Bloomsbury)) to which partner Kiersten Lucas was also a key contributor. These expertise allow us to offer invaluable insight into drafting post-termination restrictions and the most effective ways to protect businesses and their confidential information.

For most employers, protecting their businesses against competitive threats is a vital concern. The departure of a key employee to join a competitor, or to set up a rival business of their own, can have extremely damaging consequences. The employer may lose clients, prospective clients, other employees along with their valuable confidential information and strategic plans may be put at risk.

We provide advice on the best ways to avoid these situations and to ensure businesses are protected from departing employees. We advise on what key terms to include in employment contracts at the outset of employment to protect the business from competition during employment and the necessary steps to complete after employment has ended. We offer practical and commercial solutions to what employers can and should do if they suspect an employee or former employee is, or is planning to engage in, competitive activity.

We also act on behalf of employers who want to enforce their covenants against departing employees, which can include making applications for injunctive relief. We also have experience acting on the other side of such disputes, defending clients (for example new employers or senior executives) against the enforcement of covenants.

As leading experts in employee competition, we have released a mini-series of podcasts featuring Kate Brearley, designed to equip clients with an understanding of how best to protect their business from employee competition. These can be accessed on our podcasts page.