To protect its legitimate interest in the skills and stability of its workforce, an employer may seek to introduce a restriction on poaching former employees. Such restraints may be enforceable, provided they are suitably limited in duration and scope. The restraint should generally be restricted to employees of a particular level of seniority or employees of a class or team in respect of whom the departing employee has some influence, in most cases also limited to colleagues with whom the outgoing employee has had personal contact during a defined period prior to termination.
As with other
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