David in the FT – I want to recruit staff from former employer
A commonly used post termination restriction inserted into employment contracts is intended to prevent a departing employee from poaching or hiring those employed by the business that he/she has just left. Careful drafting will also prevent such approaches and hires being made directly or indirectly.
In The Financial Times article about setting up in competition click here to read David’s common sense guidance to a departing employees thinking of poaching staff from their former employer.
Another commonly used additional restriction is one preventing an employee from working for a competitor or from setting up in competition for a stated period of time from their last day of employment.
As always, expert employment law drafting is essential if employers want to be sure that such restrictions go no further than is necessary to protect legitimate business interests.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
