ICON IN THE MAKING

CITYAM.COM
MONDAY 14 SEPTEMBER 2015
FEATURE
47
OFFICE POLITICS
Changing jobs: Cardinal sins to avoid
Even leaving with a list of contact details
poses a big risk, explains Gary Freer
SEPTEMBER is a time for new
beginnings. And as the nights
draw in and kids go back to
school or university, you may
have decided to take the
plunge and change jobs. It should be
an exciting time, but there can be
some legal pitfalls, which can make
the move more stressful than it
needs to be. Here is a reminder of
what you need to do to help the
process go smoothly.
BACK TO BASICS
The first thing to do is to unearth
your staff handbook and
employment contract – and check if
you ever signed the latter. If not,
some important clauses which
might affect what you can and
cannot do in your new job might not
apply. But assuming you did sign it,
check what period of written notice
you are required to give. If your
employer puts you on gardening
leave – that is, keeps you away from
the office during your notice
period – check whether the contract
expressly allows this.
THROUGH THICK AND THIN
Before you leave, and during your
notice period, remember that you
must still be loyal to your existing
employer: don’t jump the gun by
doing things which help your new
company, such as writing business
plans or promoting it to clients and
current colleagues.
Another common mistake is to
take information away with you.
Don’t email or download a copy of a
customer contact list, for example –
it’s very easy to detect if you do.
SAFETY IN NUMBERS
If you are leaving along with others
in your team, the legal position is
more complicated – especially if you
are the team leader. Try to avoid
being made the “recruiting
sergeant”. While you don’t have to
tell your employer that you are on
the market and attending
interviews, you may well be obliged
to spill the beans on what you know
about the plans of the others, once
you and their intentions to leave
have become settled. If this is the
case, it’d be worth taking some
advice, and your new employer will
often provide it or meet the costs of
doing so.
GIFT OF THE GAB
You also need to check whether your
contract contains post-termination
restrictions – sometimes called
Try to avoid
becoming a
“recruiting
sergeant” if
several people are
leaving at once
“restrictive covenants”. Unless they
are included in the contract, they
will not apply. Even if they are in
your contract, they may not be
enforceable if they are unnecessarily
restrictive. But these days, most
employers will have taken care to
draft them correctly. If you are
leaving to go to a competitor, don’t
make the mistake of assuming that
A DECENT CUP
OF COFFEE
London Coffee
Network
Free
With over 200
independent
coffee shops and
cafes listed, this
app will mean
you’re never far
away from a
good cup of joe
– but a safe
distance from a
chain. Find and
drink a coffee,
then rate it to
redeem free
drinks from your
favourite
outlets. You can
filter to find
places with wifi,
or which cater
for specific
dietary
requirements.
they will not be enforced.
The courts will usually enforce a
claim which prevents you from
“soliciting” (seeking to persuade)
customers that you were in contact
with in the recent past. They will
also restrict you from having any
business dealings with those
customers for a short period. Usually,
this will be a six month restriction
(depending on the circumstances),
but it could be a year – especially in
industries where customers renew
their contracts annually.
OLD TIES
You’ll usually find the same
situation when it comes to soliciting
senior members of staff that you
have worked with. It’s more difficult
to predict whether the court would
enforce a term which would prevent
you joining a competitor
altogether – but don’t rule out the
possibility. Discuss it with your new
employer, who can get it checked
out.
What’s the worst that can happen?
If you get it wrong, you could be
sued for damages, or find yourself
ordered by the court not to start
your new job – but that really is the
worst case scenario. Provided you
plan ahead, get good advice and
behave sensibly, all these legal risks
should be perfectly manageable.
£ Gary Freer is a partner and head of the
UK employment team at Bryan Cave.