Case Study | Enforcing restrictive covenants

A senior manager from a nationwide business contacted us concerned that a key sales employee had left and was approaching his former customers to try and obtain new business for his new employer. The value of sales which could be lost was calculated by our client to be significant.

Having reviewed the former employee's contract of employment and satisfied that the post-termination restrictions were potentially enforceable we acted very quickly. 

We wrote to both the former employee and their new employer demanding undertakings from both to avoid injunction proceedings. 

After an exchange of robust correspondence from us, undertakings were received and no further approaches were made, allowing our client to concentrate on building up new relationships between its customers and the new sales employee.  As a result of our intervention no customers were lost.

Note: All case studies are based on cases we have recently handled, but you will not be surprised to know that we have changed all names and some other key details to ensure client confidentiality is preserved.