The use of springboard injunctions by employers is soaring, says Richard Owen-Thomas
In many industries, particularly professional services industries, it is common for employees to defect to competitors, either on their own or in groups, or for employees to set up new business enterprises in competition with their previous employers. Employers will often seek to protect themselves with contractual provisions such as restrictive covenants, but these steps have only been partially successful and have often been viewed as window dressing, unlikely to be enforced by a court more often swayed by the freedom of the worker to exploit his experience; a restrictive covenant will be void except where, in essence, it operates no further than is necessary to protect a legitimate business interest.
Springboard injunctions
In recent years, however, a growing body of authorities has supported employers’ expectations of a high level of loyalty from their current employees so far as future competitive threats are concerned. A powerful tool in the form of so-called “springboard” injunctions is now available to the court; these are injunctions preventing employees from exploiting
