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Injunctions: Employment Law Solicitors
The employment law solicitors at JMW specialise in advising employers about possible injunctions should an employee or ex-employee breach the terms of their contract.
Injunctions Against Employees
As an employer, you may need to act quickly to protect your company's position if you feel that an employee is intending to leave and start up a competing business or has left in breach of the terms of their contract of employment/service agreement. In such situations, it may be necessary to take out an injunction to prevent them from taking such action.
The most common situations in which injunctions are made by employers include breaches of confidentiality obligations and enforcement of restrictions placed on ex-employees, such as not working for a competitor or poaching clients.
JMW’s employment law solicitors will advise on whether there is a prospect of success in enforcing the terms of the contract of employment/service agreement. We will also advise the employer on the drafting of the employment/service agreement in order to protect its business and enable it to act should it encompass a rogue employee.
The Injunction Procedure
The injunction procedure is split into two stages:
- Based on initial evidence provided by the employer, the court decides whether or not to grant a temporary injunction.
- Evidence from both employer and employee is presented to the court. The court then decides whether to uphold the injunction.