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

[SickFish]

Dammit.... Thought I had?!

MODS please move to employment forum

[SickFish]

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

Edited by SickFish on Thursday 7th May 14:14

[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

[SickFish]

sgrimshaw said:

Much depends on the role you have too.

The role is similar to an external technical sales role

[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

[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

[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

[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....

[SickFish]

desolate said:

I had a debate with Breadvan a while ago about how I thought these clauses were draconian and pretty well unenforceable save for some specific circumstance.

He was, of course, correct and was able to link to a number of cases where the court supported the contract.

However, it all seems a bit strong to me unless you were very senior or received a specific payment/pay rise in return for signing them.

Not senior at all, not even management

[SickFish]

desolate said:

Depends whether you are up for a fight or not.

If they want to enforce them it will be a PITA even if you win.

If you are of a "fk you" mindset then litigation can be quite fun, but if you are not it is stressful and potentially expensive.

So one option would be to speak to your current employer and see if they will release the covenants. Another option would be to speak to the new employer and see if they will advise and potentially indemnify you.

Having been through the litigation procedure before, albeit it was the OH and was a case of sexual discrimination, it doesn't phase me and we are covered sufficiently by our house insurance.

I may have a quiet word with the new employer and hear his thoughts.

[SickFish]

Bit of a thread resurrection here, after going over my contract last night, the contract with the restrictive covenants are in a contract that eludes to my role previous to a role change in January.

I never received an updated contract for my change in role in January - purely a headed letter confirming the change.

Does this change anything at all?

In my eyes if they fight me and refer back to the contract, I can riposte with something along the lines of "But that contract is not for THIS role"

Or am I barking up the wrong tree here?

[SickFish]

desolate said:

SickFish said:

Or am I barking up the wrong tree here?

almost certainly yes.

So, how can they hold me to a clause within a contract that no longer refers to the role I am doing?

[SickFish]

This whole thing is starting to get to me.

So are they saying that if/ when I want to leave I have to pick a totally different industry to work in and start again? I am by no means a senior employee, but then again, I am not a junior employee.

If I was to start in a different industry my particular industry knowledge becomes largely irrelevant and I would have to start again as it were, probably on a lower salary!!!

Edited by SickFish on Thursday 21st May 16:25

[SickFish]

I have found this link and it seems the situation is very similar to mine, although I did not sign anything when my role changed significantly... Thoughts???

[SickFish]

Munter said:

SickFish said:

This whole thing is starting to get to me.

So are they saying that if/ when I want to leave I have to pick a totally different industry to work in and start again? I am by no means a senior employee, but then again, I am not a junior employee.

If I was to start in a different industry my particular industry knowledge becomes largely irrelevant and I would have to start again as it were, probably on a lower salary!!!

Edited by SickFish on Thursday 21st May 15:48

I think the answer is:
You have to take a 6 month gap between employers, but your existing employer has to pay you to enforce that. (Gardening leave) Otherwise you're free to do what you want. But a Lawyer is likely needed to confirm your exact situation as opposed to general concepts based on assumptions.

Or you....could discuss it with your current employer....get a pay rise...and stay.... (risky)

That is interesting, I though that I was expected to find work in a different sector for ~6 months.... hmmmm

[SickFish]

swerni said:

SickFish said:

desolate said:

SickFish said:

Or am I barking up the wrong tree here?

almost certainly yes.

So, how can they hold me to a clause within a contract that no longer refers to the role I am doing?

It's a standard contract which everyone in the company will sign, you're role change is irrelevant

Ah cack.... I though that as the contract specifically names my (previous) role then for it to be enforceable it would need to be updated with my current role

[SickFish]

PoleDriver said:

Unless you change the kind of work you do it's extremely difficult NOT to end up working for a competitor when you chnage jobs!

My thoughts exactly! The industry I'm in is rather specialised and very incestuous

[SickFish]

I've contacted a solicitor, to see if they will cast their eye over my contract and to give me their thoughts.

I think that is the best plan of action for now, at least it would put my mind at ease one way or the other.

[SickFish]

Cotty said:

At least 12 months non compete.