There seem to be some well equipped legal minds on this dump so wondered if anyone could advise around a non-compete clause in a contract. I have one in my work contract, stating a list of 10 or so companies that I am not to work for or with for a period of between 3 and 6 months after leaving my current employer.
I’ve recently been overlooked for a promotion at my current employer, but have seen a very similar rival at a competitor and I’m not sure what the possible blowbacks are should I make contact. Surely they can’t restrict me moving to whatever place of work I wish to, and worst case scenario it’s gardening leave?
(Obviously realise this is only opinion and not actual legal advice!)
Wouldn’t it just forfeit a potential reference? Which you wouldn’t necessarily need anyway if you did get the potential position? What’s the worst they can do, sack you!?
This might help as a starting point...
CAB guidelines
Some years ago I did know somebody who had one of these, but it was very old because he'd worked for the company he was leaving for a long time and the business had changed substantially since the agreement was drafted. He took view that the changed circumstances meant that it was no longer relevant and he'd take his chances; as far as I can recall he left and there was no attempt to enforce the clause.
Not recommending that as a strategy, by the way. Your circumstances might be quite different.
These clauses are almost always unenforceable and in the past hasn’t stopped me from moving to a competitor.
If you are lucky, you may even be asked to work your notice as gardening leave on full pay.
There was a recent court case where a non compete was upheld, this was a unique case where the ex-employee was at a very high level within the company.
I had one in a contract and was told it would not be pursued as long as I behaved - which I did. Most of my work comes from introducers, so if inteoducers approach me that is ok.
A colleague had a similar clause, and he poached staff. A legal battle ensued. I think the company just wanted to hit him in the pocket with a legal bill.
I dont think they are enforceable, but it could cost you a few quid if you have to prove it.
(06-30-2020, 06:04 PM)SW4Baggie Wrote: [ -> ]There seem to be some well equipped legal minds on this dump so wondered if anyone could advise around a non-compete clause in a contract. I have one in my work contract, stating a list of 10 or so companies that I am not to work for or with for a period of between 3 and 6 months after leaving my current employer.
I’ve recently been overlooked for a promotion at my current employer, but have seen a very similar rival at a competitor and I’m not sure what the possible blowbacks are should I make contact. Surely they can’t restrict me moving to whatever place of work I wish to, and worst case scenario it’s gardening leave?
(Obviously realise this is only opinion and not actual legal advice!)
PM me pal
(06-30-2020, 09:02 PM)Kit Kat Chunky Wrote: [ -> ]I had one in a contract and was told it would not be pursued as long as I behaved - which I did. Most of my work comes from introducers, so if inteoducers approach me that is ok.
A colleague had a similar clause, and he poached staff. A legal battle ensued. I think the company just wanted to hit him in the pocket with a legal bill.
I dont think they are enforceable, but it could cost you a few quid if you have to prove it.
In fairness there are a few instances of people within our business moving to competitors and we’ve hired people at higher levels from direct competitors too so hopefully there’s some form of precedent. It would almost certainly result in gardening leave.
(06-30-2020, 09:07 PM)MancBaggie Wrote: [ -> ] (06-30-2020, 06:04 PM)SW4Baggie Wrote: [ -> ]There seem to be some well equipped legal minds on this dump so wondered if anyone could advise around a non-compete clause in a contract. I have one in my work contract, stating a list of 10 or so companies that I am not to work for or with for a period of between 3 and 6 months after leaving my current employer.
I’ve recently been overlooked for a promotion at my current employer, but have seen a very similar rival at a competitor and I’m not sure what the possible blowbacks are should I make contact. Surely they can’t restrict me moving to whatever place of work I wish to, and worst case scenario it’s gardening leave?
(Obviously realise this is only opinion and not actual legal advice!)
PM me pal
Will do mon.
So this thread is nothing to do with our post lockdown performances then?
(07-01-2020, 07:04 AM)baggiebloke Wrote: [ -> ]So this thread is nothing to do with our post lockdown performances then?
Let's hope there's not one in Kanu's contract if we get promoted