Carla WatlingManaging Associate

Employee competition

My work in commercial employment litigation involves issues relating to restrictive covenant disputes, managing the departure of executives (individually or in a team), recruiting from competitors, and protecting confidential information and trade secrets during and post-employment. I work with employers, individuals and recruiters on all aspects of these issues from initial advice and drafting of post-termination restrictions through to conclusion of highly contested litigation. I regularly assist clients to scope and execute rapid investigations into potential unlawful activity, and have significant experience using forensic tools to collect, analyse and report on evidence.

I have acted in a number of reported cases and my experience includes:

• Seeking and defending applications for interim relief including injunctions to enforce notice periods, garden leave and/or post-termination restrictions and springboard relief
• Seeking applications for delivery up and preservation orders, including on an ex parte basis
• Acting for Claimants and Defendants in High Court litigation involving breaches of confidence, breaches of contractual and fiduciary duties and conspiracy claims
• Seeking declaratory relief on the enforceability of post-termination restrictions
• Arbitrations involving breach of confidence claims and post-termination restrictions contained in LLP agreements

Recruitment and employment status

I advise a range of clients throughout the staffing industry on employment and HR matters as well as compliance with statutory regulation including the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Agency Workers Regulations 2010. I have particular experience in Employment Tribunal claims involving agency workers, commercial disputes between umbrella companies, recruiters and hirers, and advising on contracts throughout the labour supply chain.

I also advise businesses in relation to employment status issues arising from engaging with agency workers, contractors, consultants and freelancers.

Financial Services

I have particular experience in disputes involving financial services businesses with issues including bonuses, variable remuneration and carry, team moves, and protecting client connections, both in a litigation and arbitration context.