Team moves: Poached and Poacher

As governments look to facilitate economic recovery following the Covid-19 pandemic, post-termination restraints of trade can be seen as a barrier to innovation and competition, or a necessary tool to protect legitimate business interest. With talk of the great resignation and ongoing war for talent across the tech sector, team moves and departures of key personnel can pose a serious risk for tech businesses or provide a new and valuable asset.

Whilst we await the UK Government’s consultation response on the future of non-competes, the Linklaters Employment & Incentives team has prepared a new dedicated webpage for materials, commentary and resources for employers on managing team moves and issues to consider on the enforceability of restraints of trade. 

This also includes a global guide outlining the headline issues for employers to be mindful of when seeking to enforce restrictive covenants across key jurisdictions, noting the enforceability can vary across jurisdiction, from what is considered reasonable and market practice, to whether they are even permissible under local laws.