Learn about how we help clients with employment litigation legal issues day in, day out.
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Secure PaymentLearn about how we help clients with employment litigation legal issues day in, day out.
Contact UsA multitude of employment litigation issues can arise when an employment contract or a consultancy agreement comes to an end, be it an employer looking to protect their business by threatening or taking action against an employee, or an employee looking to defend himself or herself against the actions of their former employee.
We have significant experience in advising both employers and employees in disputes arising out of employment contracts and consultancy agreements.
We have a particular expertise in advising in relation to restrictive covenants in employment contracts, particularly where it relates to an employee seeking to work for a competitor. We advise both employers and employees in relation to types of restrictive covenants, enforcing covenants, dealing with confidentiality issues and restraint of trade and generally in protecting business interests.
We have acted numerous times in bringing and defending injunction application brought against former employees, so rest assured you can count on us for employment litigation services.
The first thing to think about is what restrictive covenants for employment actually are. Essentially, they are terms contained in contracts of employment which are designed to protect a business from steps taken by an employee after termination of his/her employment.
Secondary to this, you may want to know if they’re legally binding, any contractual term restricting an employee’s activities after termination is void for being in restraint of trade and contrary to public policy, unless the employer can show that it has a legitimate business interest and that the restriction is no more than reasonable to protect that interest.
An employer cannot impose a covenant simply because it does not want an ex-employee to compete with it.
However, it can seek to prevent the individual from using or damaging something that legitimately belongs to it. You can talk to us more about your contracts of employment and what you need to know in terms of employment litigation so you can better understand your situation.
An employer will be expected to provide cogent evidence of wrongdoing on the part of the ex-employee, although adverse conduct prior to termination can also assist in demonstrating breach.
A non-competition restriction has traditionally been harder to enforce than a non-solicitation restriction but are occasionally enforceable where the courts have recognized that other forms of protection, such as confidentiality restrictions and non-solicitation restrictive covenants, cannot always be effective in safeguarding a former employer’s legitimate interest.
Employment disputes are typically resolved through various methods depending on the situation and particular contract disputes. These methods include negotiation, mediation, arbitration, or litigation. Litigation involves taking the dispute to court, where a judge or jury will decide the outcome based on applicable laws and evidence presented.
The method chosen often depends on the complexity of the dispute, this regards the case itself and the people involved. The parties must be willing to reach a resolution and the method that will get to this the smoothest would be the one chosen.
We take the time to get to know our clients and their businesses, and we work collaboratively with them to achieve their goals.
Meet Our TeamsHaving recently worked with BBS Law to successfully conclude an Intellectual Property infringement case we were extremely happy with the services they provided.
David Bondt expertly guided us through the process and mediation, providing knowledgeable, professional and commercial support at all stages – thanks again David!
During a very difficult period in our business, we had to seek the help of a professional Law firm. We selected BBS Law Ltd following initial calls with Andrew Haffner and the Litigation Team. The support and unbiased guidance given by Andrew and the team guided us through many nightmare events. The extensive knowledge and professional support given to the complexities of the problem were well understood by BBS Law Ltd.
I instructed David Bondt of BBS Law to deal with a complex intellectual property dispute. The other side were trying to be overly aggressive, but David and his team were able to deal with the situation professionally and robustly on my behalf. Needless to say, BBS Law obtained a very favourable outcome for us and gave very clear and concise advice to me throughout the case. I wouldn’t hesitate to recommend the litigation team at BBS Law.