working for a competitor....

[SickFish]

I have been looking for a new role, however, I have been approached (discretely) by a direct competitor with a VERY attractive offer. The trouble is that my employment contract has quite a few restrictive covenants within it.

My question is just how enforceable are these covenants? Can post them up if it helps.

Thanks

[Frimley111R]

Might e worth moving this to the employment section for more answers

[SickFish]

Dammit.... Thought I had?!

MODS please move to employment forum

[anothernameitist]

It does depend on the covenants.

But they could be deemed to restrictive, I expect that one could say " not to work for a competitor for 6 months after leaving employment" Thats is reasonable

If it said Never to work in the industry again thats unfair.

So post the details up

[SickFish]

Here is a (edited) copy of the restrictions....

Edited by SickFish on Thursday 7th May 14:14

[cold thursday]

You might want to take that down and edit it.
You've left the name of your employer on it.

[SickFish]

cold thursday said:

You might want to take that down and edit it.
You've left the name of your employer on it.

Woops!!! Lol

[sgrimshaw]

Much depends on the role you have too.

[SickFish]

sgrimshaw said:

Much depends on the role you have too.

The role is similar to an external technical sales role

[jammy_basturd]

How big is your current company in terms of finances? Is it likely that they'll spend tens of thousands to pursue you through the courts if you were to move?

[SickFish]

jammy_basturd said:

How big is your current company in terms of finances? Is it likely that they'll spend tens of thousands to pursue you through the courts if you were to move?

Turnover £2.5m approx

[hman]

Meh, seen this on every employment contract- have left and gone to the a competitor (nature of a highly specialised business sector). Never had any legal proceedings mentioned.

[anonymous-user]

You will really need to see a decent employment lawyer.

The restriction is pretty clear.


We'll end up going round in circles here about enforcibility and reasonableness.

On the face of it your current employer could make life quite difficult for you if they wanted to

[GAjon]

Where in that contract does it highlight the remuneration or enhancement you recieved in return for them covenants?

If you didn't receive any they're hard to enforce.

Edited by GAjon on Thursday 7th May 17:06

[SickFish]

GAjon said:

Where in that contract does it highlight the remuneration or enhancement you recieved in return for them covenants?

If you didn't receive any they're hard to enforce.

Edited by GAjon on Thursday 7th May 17:06

[GAjon]

SickFish said:

Employers can't just impose restrictive covenants on you, You recieved remuneration to except them, it should be clear within the contract.

Edited by GAjon on Thursday 7th May 17:22

[SickFish]

GAjon said:

Employers can't just impose restrictive covenants on you, You recieved remuneration to except them, it should be clear within the contract.

Edited by GAjon on Thursday 7th May 17:22

Nope, all it does is talk about salary, nothing about renumeration to accept specific clauses

[anonymous-user]

All this is true - can't really give any meaningful advice without sight of the full contract and details of the employment.

It really is a job for a lawyer.

[SickFish]

desolate said:

All this is true - can't really give any meaningful advice without sight of the full contract and details of the employment.

It really is a job for a lawyer.

Dammit, thought that might be the case....

[GAjon]

SickFish said:

desolate said:

All this is true - can't really give any meaningful advice without sight of the full contract and details of the employment.

It really is a job for a lawyer.

Dammit, thought that might be the case....

Desolate is correct, a good employment law solicitor will save you in the long run.