RSS Feed

Legal Updates

More Articles: Latest Popular Archives

Beware out of sight out of mind on homeworking employees

Makbool Javaid, Partner - Simons Muirhead & Burton

While most employees will be keen to hold on to their jobs in this period of economic uncertainty, there will always be those who see opportunity in times of challenge and could using the time and freedom to shape plans for their next role. Most employment contracts will include a “full time and attention” clause requiring the employee to focus on his/her job when on your payroll.

The English courts recognise the concept of a springboard advantage, whereby an employee gets an unfair head start on setting up and establishing a new competing business by engaging in unlawful acts, including while still employed. While ultimately you cannot stop an employee from choosing to leave, and potentially also from competing (depending on whether enforceable anti-compete restrictive covenants are in place), it is possible to seek injunctive relief to redress the balance of any unfair springboard advantage and to protect your confidential information.

If you have reason to be concerned about the possible conduct of an employee or team, act quickly and carefully. Take early legal advice and beware commencing any internal IT investigation that will undermine the reliability of computer forensic evidence.

Receive more HR related news and content with our monthly Enewsletter (Ebrief)