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How to avoid kissing an injunction goodbye - HR Director

How to avoid kissing an injunction goodbye - HR Director

By Natasha Adom - 16 May 2016

The current kiss and tell cases of the celebrities whose names no-one is allowed to mention has put injunctions right back in the spotlight. But what do employers need to know about injunctions?

If you want to stop an employee, ex-employee or other third party from harming your business in breach of their legal obligations - by, for example, misusing confidential information in breach of contract or joining a competitor in breach of restrictive covenants - the threat is often immediate. As a result, you will normally need to apply for an urgent injunction to stop them either before, or at the same time as, you bring the full proceedings to enforce your legal rights (known as an ‘interim injunction’). Here, we highlight key hurdles you will need to overcome to obtain an interim injunction.

What you need to show

The courts have a wide amount of discretion and there are no fixed rules. But, as you would expect, courts will not grant an interim injunction lightly and you will need to satisfy them of the following points as a minimum:

You must have a real prospect of success at the final trial
You must be able to show that your business’ legal rights are being breached or threatened. For example, to successfully injunct an ex-employee from misusing confidential information, you must have good evidence to show what their confidentiality obligations are and how you say they have been breached. This might include: their signed contract showing the confidentiality obligations; emails/documents showing that they have disclosed confidential information; and witness statements supporting your case.

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