The one with the
employees using their employer’s confidential material to compete

Tenet has provided advice to numerous employers in relation to former employees’ breach of restrictive covenants.   Typically, those cases have involved unauthorised removal of sensitive data including supplier lists, customer lists and intellectual property information. 

Our advice has enabled employers faced with these issues to react swiftly to gather and preserve evidence and then react with the appropriate processes, be them in direct correspondence through to issuing an application for an injunction to restrain use of the material unlawfully used by the employee.

Understanding whether material taken from an employer has the necessary quality of confidence and whether restrictions in an employment contract are enforceable are essential when making an early assessment in these cases.  Our experience of such cases has enabled clients to ensure they react appropriately and commercially to the situation they have faced. 

Examples of clients that have been provided advice relate to movement of individuals in the professional services and manufacturing sectors.