Two recent cases are the first examples of an employer obtaining a springboard injunction to prevent a competitor poaching employees (rather than clients).
A springboard injunction can prevent action which would otherwise be lawful, if the competitor has obtained an unfair advantage through unlawful means (such as inducing breaches of trust and confidence/confidentiality). More usually the action restricted is the poaching of clients, but the courts have ruled that there is no reason why such a remedy cannot be extended to protect employees.
In one case the injunction appears to have prohibited the competitor from approaching or entering into negotiations with employees in respect of whom it was arguable whether there was any specific unfair advantage. This was considered necessary to prevent the competitor taking further advantage of the general de-stabilisation of the workforce caused by its unlawful acts. (Siemens VAT v Technologies, HC; Tullett Prebon v BGC Brokers, HC)
