The reality is that moves like these are governed by a complex area of law and what you thought was a positive next career step could quickly unravel if not done correctly. If your employer believes that you have breached the post-termination restrictions in your contract, you could be threatened with expensive High Court action. It is therefore crucial that you navigate the situation carefully and as early as possible.

We have successfully helped many senior employees (whether individually or in teams) to move to competitors or set up on their own. We will keep you fully informed of all the risks from the outset and ensure that you have watertight assurances from your new employer before you make your move.

An important question in situations like this is whether the restrictions contained in your contract of employment or LLP agreement are enforceable. We can advise you on this, taking into account the facts of your situation and the extent of your restrictions. There can be a great deal of uncertainty around clauses like these and it is surprising how often they are simply not worth the paper they are written on. Being empowered with the knowledge that your employer is unable to restrict your future plans can be an invaluable tool in confidently securing your next career move. Read Nick Wilcox’s article on team moves.