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Thrings achieves highly-favourable result for a company whose former employee set up in competition

Thrings Employment and Immigration Team achieved a beneficial settlement for an organisation after its former employee violated the restrictive covenants in his contract.

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Background

Thrings was instructed by a medium-sized, London-based recruitment firm, seeking help to prevent misuse of confidential information and to protect its business from competition. Referred to Thrings by a professional contact, the company required legal advice after one of its key employees had resigned and set up in competition, taking with him confidential information.

Our involvement

Jeremy Nixon, head of Thrings’ London Employment Team, began by providing the client with detailed strategic advice, carefully outlining their options.

He then initiated legal proceedings by crafting a highly-detailed and strongly-worded letter to the former employee, threatening court action to enforce the restrictive covenants in his contract, should he not return confidential information. In addition, Jeremy firmly requested the former employee to edit his LinkedIn account in order to remove contact information  acquired while working for our client.

Following this, Jeremy embarked on informal mediation between Thrings, our client, their former employee and his lawyer, drawing on long-standing experience protecting confidential information to achieve a favourable result for our client.

The outcome

Our client received a highly beneficial settlement, including compensation from the former employee, as well the return of confidential information and completion of the requested amendments to his LinkedIn account. All objectives were met without having to seek an injunction. The former employee’s full capitulation was achieved through the level of articulacy and severity expressed through our initial letter, and strategic approach adopted during mediation.

For further commentary on this case, or to discuss any employment-related issue, please contact a member of Thrings’ Employment team.

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