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Team Moves: Poached and Poacher

An employer’s guide to team moves and post-termination restraints of trade

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. In May 2023, the UK government announced that it will be legislating “when parliamentary time allows" to limit the length of non-compete clauses to three months to give employees greater freedom to change jobs. The changes will affect contracts of employment and worker contracts. 

The move follows similar proposals in the US, where the FTC are considering a ban of such restraints. 

Employers will therefore need to start thinking about contingencies to deal with the impact of any new laws. It is more important than ever to ensure that contracts are reviewed to ensure that restrictions, garden leave, notice and confidentiality obligations are well drafted and provide the best possible protection.

For the poached and the poacher, there are various legal and commercial risks to consider and in an area of law which is constantly evolving.

View our short video, where Sinead Casey, Partner in our Employment & Incentives group, talks about our Team Moves: Poached and Poacher campaign. 


Restraints of Trade: A Global Perspective

The enforceability of restrictive covenants varies across different jurisdictions, from what is considered reasonable and market practice, to whether they are even permissible under local laws.

In our one-page Global Guide, we outline the headline issues for employers to be mindful of when seeking to enforce restrictive covenants across key jurisdictions. Download our one-page Global Guide here.

For more comprehensive coverage of the issues for employers in each jurisdiction, our clients can also access our full detailed Global Brochure here.

team moves

Top tips: Employers and employees

Whether you are a current or prospective employer dealing with an employee who has been poached, or you are an employee considering your next move, there are various legal and commercial risks to consider in an area of law which is constantly evolving. Take a look at our top tips for employers and employees to find out more.

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