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UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4312
Experience:  solicitor
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I just heard some gossip about one of my important employee.

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I just heard some gossip about one of my important employee. it turns out she is making plane to start her own business which may compete with mine. and she has a very impressive client following. If she takes the clients with her, that will be devastating to my business. Unfortunately, i just checked her contract, there is no restrictive covenant whatsoever. please tell me whether there is any way i can prevent her from embarking on her proposed new venture? I will do this at all costs. please give me some detailed advice, like is there any authorities? thanks~

I am afraid if you do not have any contractual provisions with her stopping her from competing with you or taking your clients, there is not much you can do other than to try and make her stay on or you working to ensure that your clients remain with you and not follow her.

Furthermore, even if you had such clauses in a contract with her, restraint of trade clauses are not liked by courts and they are interpreted very narrowly, see here:

Sorry, but I can only advise you on the legal position.
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Customer: replied 4 years ago.

oh no! I am not questioning your advice but is there any implied duty in the contract that may help me here? thanks!

I am afraid not. The law encourages people to work freely and does not like anti trade clauses anyway, in your case there are no such clauses anyway to protect you.

Sorry Tina.
Customer: replied 4 years ago.

It's very frustrating~I guess the only thing I can do now is to persuade her to stay. Thank you very much for your advise! very helpful!