Skip to content
Sunday 30 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,824.26
+0.29%
DAX
26,569.99
+0.77%
CAC 40
8,401.18
+0.98%
STOXX 50
6,485.67
+0.95%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Wednesday 04 April 2012 7:50 pm  |  Updated:  Thursday 30 May 2019 12:38 pm

You can check out anytime – but can the clients follow?

By: KCS-content

Add as a preferred source on Google

WOULD the City be better if it was more like California? Obviously, the sunshine and beaches would be nice. But what about the Golden State’s employment law?

Restrictive covenants (RC) are contracts that many people in the City sign when they start a job, which tell them what they can and can’t do when they come to leave that employer. Typically, they’ll say that you aren’t allowed to take clients or other members of your team with you. A high-profile RC case recently dealt with the dispute following the departure of seven advisers from financial adviser Towry for rival Raymond James. A number of clients followed the advisers and Towry claimed that the clients had been solicited – which was forbidden by the advisers’ employment contracts, but the court disagreed.

The case also raised a fundamental point about RCs – namely, are they worth the paper they’re printed on? Many in the City think not. The winning side’s lawyer in the Raymond James case has published a wide-ranging report about them, which I helped to write. We found that 14 per cent of the 116 City firms questioned said that they didn’t use RCs at all, while 28 per cent believed that they were unenforceable. Over a third had never even written to a former employee to try to enforce them. The report concluded that RCs do work, but only if they are regularly updated and if you are willing to spend the money enforcing them.

Which raises the Silicon Valley issue. A Cambridge professor of law interviewed in the report pointed out that RCs are unenforceable in California. In many respects the City, with its highly-mobile, talented employees, resembles Silicon Valley. So if they don’t need them there, he asked, do we need them here? Already some opt not to use them. One barrister said that in the more “testosterone-fuelled” end of the City, RCs are seen as weak. Why would an employee want to leave us? And why on earth would a client want to go to a so-called rival? A laissez-faire attitude prevails there. Why not everywhere?

Of course, firms might be less inclined to pay top-dollar if they knew that you could zip off to a competitor any moment. And since RCs are recognised in English law, they are here to stay. But they could still be simplified. Instead of using the courts as the final backing for RCs, they could make use of the employee’s rational self-interest. The rise of deferred remuneration gives former employers a hold over staff even after they have left, and a simple clause threatening to turn off the tap if they, say, poach clients, would be a simpler way to get the effect of the currently complex RCs. This is becoming common practice at some firms. Obviously, smart lawyers would still be needed, but time-consuming and complicated litigation could be avoided. A little bit of California dreaming might be better than a Hotel California that never lets clients leave.

How to Lose Friends, Keep Clients and Influence People was commissioned by Faegre Baker Daniels and undertaken by Jures. The report is available at: www.faegrebd.com/18045

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • Opinion

Categories

  • Opinion

Related Topics

  • NULL

Trending Articles

  • Pensioners to hand over bank statements in government benefits crackdown

  • Jamie Carragher: HMRC petitions for Sky Sports star to be declared bankrupt

  • Jamie Vardy bags Bundesliga rights as he steps up streaming war with Neville and Lineker

  • City firms mandate phone and face-to-face comms bootcamps for Gen Z lawyers

  • Brewdog founder James Watt hits out at ‘total silence’ over new venture

More from Morning Wire

  • City leaders weigh employment policy alternatives to non-competes

    Law
    LONDON, ENGLAND - OCTOBER 15: Commuters cross London Bridge on October 15, 2024 in London, England. Estimates for the September 2024 payroll indicate that the number of employees rose by 0.4% compared with September 2023, a rise of 113,000 employees. (Photo by Dan Kitwood/Getty Images)
  • Cavendish taps top adviser to fend off foreign takeover interest

    Advisory
    St Pauls Cathedral in London, framed by modern glass buildings under a clear sky, near Cavendishs base
  • LegadoSign Selected by Aberdeen Adviser to Power Secure Digital Onboarding at Scale

    Business Wire
  • Argan, Inc. Expands Teledata Footprint into New England with Acquisition of ValCor Communications

    Business Wire
  • Options Unveils H1 2026 AtlasFeed and Raw Market Data Feed Expansion

    Business Wire
  • Where are Andy Burnham’s economic advisers?

    Politics
    Andy Burnham and John Healey at Number 10 North, both wearing suits and ties, with a microphone in the foreground.
  • Labour’s ‘chaotic’ zero-hour crackdown could cost firms £3bn per year

    Economics
    Andy Burnham, Mayor of Greater Manchester, in a suit and glasses, looking serious against a bright sky.
  • Top economists shun Burnham over wealth taxes

    Politics
    Andy Burnham speaking at a press conference, expressing confidence despite challenges, highlighting leadership and resilie...
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook