Recruitment international
This presentation is the property of its rightful owner.
Sponsored Links
1 / 13

Recruitment international PowerPoint PPT Presentation


  • 39 Views
  • Uploaded on
  • Presentation posted in: General

Recruitment international . Financial directors’ forum . Protecting your business from unlawful competition Jennifer Millins, Legal Director. Who are mishcon de reya ?. Established in 1937 101 partners and 203 lawyers Core departments: Corporate Dispute Resolution Employment

Download Presentation

Recruitment international

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Recruitment international

Recruitment international

  • Financial directors’ forum

  • Protecting your business from unlawful competition

  • Jennifer Millins, Legal Director


Who are mishcon de reya

Who are mishcon de reya?

  • Established in 1937

  • 101 partners and 203 lawyers

  • Core departments:

    • Corporate

    • Dispute Resolution

    • Employment

    • Mishcon Private

    • Real Estate


Unlawful competition

Unlawful competition:

  • It affects your bottom line

  • It afflicts most recruitment companies

  • It comes in many forms and is increasingly sophisticated

  • It harms your reputation and staff morale

  • It leads to the loss of key staff, clients and candidates

  • Why worry?


What is unlawful competition

What is Unlawful competition?

  • Data theft

  • Breach of restrictive covenants

  • Breach of fiduciary duties and duty of fidelity

  • Team moves


What can you do

What can you do?

  • Prevention is better than cure

  • Policies, contracts and restrictive covenants: update, enforce and communicate:

    • Confidentiality clauses

    • Restrictive covenants

    • Database policy

    • Social media policy

    • Email and internet use policy

    • Mobile working policy

    • Right of search


What can you do1

What can you do?

  • Update

  • Enforce

  • Communicate


What can you do2

What can you do?

  • Monitor employees’ activities and ensure appropriate use of LinkedIn and other social media platforms

    • Contractual policies

    • Corporate page on social media sites, with password only access

    • Only conduct networking business through this site

    • Copy all social media contacts onto your own CRM database

    • Staff should ‘link in’ with their manager

    • Be clear


What can you do3

What can you do?

  • Behave ethically with new joiners

    • Provenance of information?

    • Written confirmation from the new joiner

    • Written confirmation to the new joiner

    • Be familiar with any restrictive covenants the new joiner brings with them

  • And then…

    • Do not use the confidential information

    • Seek legal advice

    • Consider notifying the owner and returning information

    • If in doubt, check the enforceability or post-termination restrictions


What can you do4

What can you do?

  • Familiarise yourself with the operational, legal and technical steps open to you

    • Head of cyber security

    • Audit your IT security

    • Invest in up to date IT security systems

    • Password protection

    • Plant false contacts

    • Ban the use of data transfer devices

    • Encryption

    • Insurance


What can you do5

What can you do?

  • Implement an incident response plan

    • A decisive and immediate response is essential

    • Appoint expert cyber / IT professionals

    • Prepare for when staff resign so that you can act quickly:

      -Train managers

      - Conduct exit interviews

      - Consider counter-offering

      - Write to employees

      - Lock down your systems

      - Avoid constructive dismissal arguments


What can you do6

What can you do?

  • Seek legal advice immediately

    • Search order

    • Delivery up order

    • Computer imaging order

    • 3rd party disclosure order

    • Interim restraining injunction

    • Springboard injunction

    • Claim in damages

    • Account of profits


And finally

And finally…

  • PR impact

  • Take steps now to minimise the risk

  • Prevention and protection are key

  • Detect breaches swiftly and take fast action to minimise damage


Thank you

Thank you

  • Jennifer Millins, Legal Director

  • 0207 440 7137

  • [email protected]

  • Any questions?


  • Login