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Ask Maverick Your Own Question
Maverick, Advocate
Category: UK Law
Satisfied Customers: 6422
Experience:  20 years proefessional experience
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I have a question similar to, This employee took many

Customer Question

Hello, I have a question similar to
JA: Are you in the UK or are you in the States?
Customer: This employee took many clients from our business we have evidence that she took there details from our system or found them on facebook. Some we don't have evidence that she took but they came for years then stopped after she left UK
JA: What action has been taken so far? What's your ideal outcome?
Customer: She handed in her notice then found her taking clents personal contact info from our CRM so put her on gardening leave
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes in her contract which she signed it states she is not allowed to contact or approach clients for 6months after she leaves
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
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Expert:  Maverick replied 1 year ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

If you can convince a court that the 6 month covenant is:

  • designed to protect your legitimate business interests; and
  • that it extends no further than is reasonably necessary to protect those interests

then it will be upheld and enforced. In your case both of these factors appear to be met since a non-compete or non solicitation clauses may be enforced to protect a legitimate business interest such as client connections, confidential information or a stable workforce; and not simply to stifle or prevent competition.

Your most common remedy would be to seek an injunction. An application will generally be made for an injunction and request that the employee "deliver up" or destroy confidential information. This means that the court will be asked to stop the employee in his/her tracks and will hear the full evidence at a later date in another trial.

If you claim a financial remedy or damages for breach of a restrictive covenant, then you will need to show some loss resulting from the breach. This will normally be loss of profits on contracts or opportunities diverted by the employee.

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