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Team moves rarely announce themselves in advance. In many cases, by the time the business realises what is happening, momentum is already building. The purpose of this guide is not to explore the law, but to set out practical steps organisations can take, in sequence, to reduce risk, protect clients and avoid costly missteps.
1. Before: setting the foundations
Get restrictive covenants (and other provisions) into a defensible state
While detailed legal drafting is outside the scope of this guide, businesses should periodically check whether their covenants still make commercial sense. Overly aggressive restrictions may feel reassuring, but they are harder to defend later. What matters in practice is being able to explain why the restrictions exist, who they apply to, and why their length and scope differ between roles. Documenting this thinking at the time is invaluable if decisions are scrutinised down the line.
The same approach applies to other provisions and documents such as confidentiality clauses, data privacy policy, or use of external devices in IT policies.
Focus on retention, not just restrictions
Strong retention is the best way to defend against team moves. Regular engagement, realistic progression and competitive incentives matter more than legal wording. Where certain individuals or teams are considered “flight risks”, take action with proactive conversations and management involvement.
Document the relationship while it is good
Routine appraisals, engagement surveys and performance reviews serve a dual purpose. Aside from their HR value, they create a contemporaneous record of how employees were presenting at the time. If dissatisfaction only surfaces once resignations begin, that context can be important.
Have a team‑move response plan
Many organisations have incident plans for cyber or regulatory events, but not for people risk. A simple plan identifying who leads on IT, client communications, investigations and external advice can save critical time later.
Strengthen IT and data controls
Even with trust in teams, sensible controls reduce exposure:
- Recording large downloads, mass deletions and unusual access
- Monitoring use of personal email or cloud storage on work devices
- Retaining historic email, chat and call data
- Auditing printer usage (including home printers where possible)
The aim is visibility, not surveillance. In practice, the ability to answer questions quickly often dictates how strong the organisation’s position is later.
2. During: when a move is suspected or underway
Put clients first, visibly and early
Client relationships are often the real prize in a team move. Re‑confirming points of contact, increasing senior oversight and reassuring clients about continuity can make a significant difference. Silence creates space for others to fill the narrative.
Act quickly – but calmly
Emotions can run high, particularly where departures feel coordinated or disloyal. Instinct plays a role, but knee‑jerk action can do lasting harm. There may still be opportunities to resolve the situation through dialogue, even after resignations have been tendered.
Activate the response plan
If no plan exists, one should be created immediately. Clear ownership matters: who is investigating data issues, who is speaking to clients, and who is managing internal communications.
Take advice early
Early advice is less about litigation and more about avoiding mistakes – for example, how to manage communications with leavers, or how to approach the incoming employer without escalating matters unnecessarily.
Handle employee exits carefully
Decisions around garden leave, suspension or continued working should be driven by evidence and policy. Contracts and internal policies should guide the approach, and consistency matters.
Secure and assess data
Protecting confidential information is usually the most urgent priority. Being able to identify whether data has been accessed, copied or transmitted can determine everything that follows. In parallel, practical tools such as “client‑leaver trackers” can help spot patterns: are clients moving in a rush, gradually, or all to the same destination?
Investigate with purpose
Early investigations set the tone. Unfocused work can become expensive quickly. A defined scope – what are we trying to establish, and why – helps control cost and risk.
Think about value early
Not every team move is worth pursuing aggressively. Injunctive relief and accelerated investigations are costly, and courts often focus on risk rather than value at early hearings. However, commercial value will be central to any settlement discussions. If it is not considered early, it becomes difficult to factor in later.
3. After: learning and strengthening
Run a structured post‑mortem
Once matters have concluded, take time to assess what happened. Were there early warning signs? Did communication or management gaps contribute?
Review systems and controls
Consider whether IT and data systems did what they were supposed to do. If information was hard to track or preserve, that is a practical issue to fix, not just a legal one.
Refresh contracts and policies
Team moves often expose outdated documentation. Use the experience to review covenants, policies and internal procedures so they reflect how the business operates now.
Feed lessons back into retention strategy
Finally, apply the learning in a positive way. The most effective response to a team move is reducing the chances of the next one.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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