Resignation Period and contracts between two companies

[LeonFRTDI]

Hi All,

I'm seeking a little advice


I have been offered a job today which I will be willing to accept. The start date is the 1st June which gives me 2 months in my current role and I am only on 1 months notice period.

The company I am going to work for is the company we use for our software, so there is a contract in place with CURRENT employer and NEW employer for our support which states employees of either company can not transfer within 6 months of leaving employment. I must state we are by no means rivals, they purely provide us an engineering company with our ERP software.

So issue I got is my current employer are wanting to exercise the 6 month ruling and my new employer wanting me in two months. The way I understand it is that My contract is between myself and current employer, no mention of going to the ERP company - it's purely a support contract.

So I can leave without any implications to myself and new company?

thanks

[LeonFRTDI]

Having just found an 'old' contract it states the following

'Restricted Client' - shall mean any person, firm, company or other entity who.which was at any time during the twelve months preceding the termination date a client or customer of the employer and with whom you had material dealings during that time.

Argument against this - the contract is for my 1st job at said company, I never got a new contract when I moved to my role?

[LeonFRTDI]

Yes after a brief conversation with a friend in HR, I came to to that conclusion too - it states clients and the new employer is a supplier - not a client therefore I believe I don't have anything in my contract. With regards to a senior role, no I am not senior in the role I do but I have dealt with new company regularly but only on a support basis (ie them supporting us)

[LeonFRTDI]

Thanks to all the help, it's now been sorted.

Although I'm on 4 weeks, I let the new company and old company sort it - as they both wanted to keep a good relationship so it's been agreed I leave late June.