Employment Disputes
When an employee breaches your trust, the impact can extend far beyond the workplace. Whether a former employee is breaching restrictive covenants, misusing confidential information, or acting in a way that threatens your business interests, taking early action is essential. We work with businesses to take preventative action to protect valuable assets and advise on how to recover any losses suffered.
Employment contract
A clear understanding of the employment documents in place is often the first step in resolving an employment dispute. We'll carry out a detailed review of the relevant documentation with your former employee, including contracts of employment, employee handbooks and, where applicable, settlement agreements. We'll identify the relevant terms, assessing their enforceability and advise you on your merits.
Gathering evidence
Strong evidence can make a significant difference to the outcome of an employment dispute. We'll work with you to identify, preserve, and gather the evidence needed to support your position. Where appropriate, we can also advise on the use of forensic IT experts to restore information on an employee’s devices.
Corresponding with the employee
We will prepare detailed and robust correspondence to the former employee highlighting their breaches and outlining the steps they must take and by when, to prevent further action.
Issuing your claim
Sometimes disputes cannot be resolved without formal court action, we can advise you on all forms of court action ranging from immediate injunctive relief to a breach of contract claim.
Alternative dispute resolution
Resolving a dispute through negotiation can often save time, cost, and disruption. It is important to consider alternative ways of resolving disputes. We'll help you explore settlement options, including mediation, and provide practical advice on the most effective way forward.
Questions we’re often asked
Not always, if it does not protect a legitimate business interest and/or the restriction imposed is wider than reasonable (in time/geography), it will be unenforceable.
Yes, you may be able to bring a claim against the new employer for inducing breach of contract. This is common when the former employee is threating to breach, or is in breach of their restrictive covenants.
Yes, it is possible to obtain an injunction. Special types of injunction will be explored you with you. This will include a springboard injunction which prevents a former employee from obtaining an “unfair start”.
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For more information or a no obligation discussion, please call or email our team today.
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