Spring into Action
As bonus time looms for many employers, and especially those in the Square Mile, employees start casting around for alternative options in case their variable remuneration doesn't meet their expectations - or living costs. The time is therefore rife for individual and team moves – both defections and hires – and a couple of recent cases have highlighted some important blessons and tactics for both the outgoing and incoming employer.
Both recent cases concern team moves and applications by the outgoing employers for "springboard" injunctive relief. This is a rather dramatic type of injunction application which is used to prevent employees essentially from benefitting from the unfair "springboard" advantage or head start which they have gained, in relation to setting up their new business, by having breached their duties to their former employer. The purpose of the relief is to negate the damage done to the old employer's business and to put the former employees back in the position in which they would have been, had they not breached their express or implied contractual duties, such as fidelity, confidentiality, good faith etc.
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