Hard Boiled Or Poached?

In the current economic climate many businesses are braced against 'talent raids' by competitors – and a series of recent decisions by the House of Lords in Mainstream and the High Court in Kynixa has shown that tough post-termination employment restrictions to protect business interests from talent poachers are now much more likely to be upheld by the courts. Smartlaw explains.

Every employee owes a duty of good faith and fidelity to his or her employer. Broadly speaking this means that employees are free to seek new positions with competitors, but they must not take steps, such as soliciting from the client or employee base or promoting a competitor's business, which would breach those broad obligations.