Restrictive Covenant
Discussion
Wondering if anyone here can tell me where to get the best advice.
I have been working for a client for over ten years now, I work as a Designer and worked along side this client at my previous employers.
I recently joined a new company and they continued to use me at the new place, I have only been there 6 months but it isn't right for me and I'm still on probation.
I don't like the atmosphere and I don't feel like I'll be able to progress there.
Aforementioned client has asked if I will contract for them directly, however my contract states:
"For a period of six (6) months following the date on which your employment terminates
you shall not without the prior written consent of the Company, alone or with others,
whether directly or indirectly, and whether for the benefit of you or any person other than
the Company:
22.4.1 canvass or solicit or entice away business, orders or custom relating to services
or products similar to and competitive with those provided by the Company
and in which you were actively involved from any person who at the date
of termination of your employment and/or at any time during the Relevant
Period was a client or customer of the Company and with whom or with whose
business you were actively engaged or concerned;
22.4.2 deal or transact business in relation to services or products similar to and
competitive with those provided by the Company and in which you were actively
and/or at any time during the Relevant Period was a client or customer of the
concerned; and
22.4.3 solicit, induce, encourage, attempt to solicit, induce or encourage (whether directly
or indirectly) any senior executive or manager with whom you had material
contact during the Relevant Period who is employed by or who renders services
to the Company to terminate his or her employment with or otherwise cease
or indirectly, employ, engage or offer employment to or an engagement to any
such person. involved with any person who, at the date of termination of your employment
Company with whom or with whose business you were actively engaged or
his or her relationship with the Company and similarly will not, whether directly"
I have googled this and get a range of answers from "seek legal advice" to "ignore it".
Has anyone had any prior experience on this type of restriction in their contract?
I have been working for a client for over ten years now, I work as a Designer and worked along side this client at my previous employers.
I recently joined a new company and they continued to use me at the new place, I have only been there 6 months but it isn't right for me and I'm still on probation.
I don't like the atmosphere and I don't feel like I'll be able to progress there.
Aforementioned client has asked if I will contract for them directly, however my contract states:
"For a period of six (6) months following the date on which your employment terminates
you shall not without the prior written consent of the Company, alone or with others,
whether directly or indirectly, and whether for the benefit of you or any person other than
the Company:
22.4.1 canvass or solicit or entice away business, orders or custom relating to services
or products similar to and competitive with those provided by the Company
and in which you were actively involved from any person who at the date
of termination of your employment and/or at any time during the Relevant
Period was a client or customer of the Company and with whom or with whose
business you were actively engaged or concerned;
22.4.2 deal or transact business in relation to services or products similar to and
competitive with those provided by the Company and in which you were actively
and/or at any time during the Relevant Period was a client or customer of the
concerned; and
22.4.3 solicit, induce, encourage, attempt to solicit, induce or encourage (whether directly
or indirectly) any senior executive or manager with whom you had material
contact during the Relevant Period who is employed by or who renders services
to the Company to terminate his or her employment with or otherwise cease
or indirectly, employ, engage or offer employment to or an engagement to any
such person. involved with any person who, at the date of termination of your employment
Company with whom or with whose business you were actively engaged or
his or her relationship with the Company and similarly will not, whether directly"
I have googled this and get a range of answers from "seek legal advice" to "ignore it".
Has anyone had any prior experience on this type of restriction in their contract?
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