Contract Clause
Discussion
Firstly i must say i have started on the pop so i will keep this as brief as possible;
I started job A ,at the start of October with a 6 month probation.Other two new starters had only 3 month (different roles).
Company A then puts me in company B as on site support (software) for 6 months , no issues i knew what i was getting into.
Fast forward to this week ,company A equal shows me feedback from company B so probation passed in theory next month..
Day after company B manager pretty much makes me an offer i cant really refuse (prospect and salary wise) in a project manager capacity role which i have experience in.
Also in company b ,design process lead A talks me up to his manager for a packaging role (design man at heart so preferred)and wants to take me on when theirs a position available as i am done/doing some great work for him that he couldn't previously visualize.
So thats the scene , the issue is this:
Company A says in contract , 1. 2month notice period 2. Cannot go to any direct competitor or customer within 6 months of leaving.
Local citizens advice close at 2.30 each weekday so i cant go.
Anyone had this issue , legally who do i turn to as i would like to be in company B as i have been trying for several years.
If successful here , we can turn it into a what car for 100mile commute thread ha.
I started job A ,at the start of October with a 6 month probation.Other two new starters had only 3 month (different roles).
Company A then puts me in company B as on site support (software) for 6 months , no issues i knew what i was getting into.
Fast forward to this week ,company A equal shows me feedback from company B so probation passed in theory next month..
Day after company B manager pretty much makes me an offer i cant really refuse (prospect and salary wise) in a project manager capacity role which i have experience in.
Also in company b ,design process lead A talks me up to his manager for a packaging role (design man at heart so preferred)and wants to take me on when theirs a position available as i am done/doing some great work for him that he couldn't previously visualize.
So thats the scene , the issue is this:
Company A says in contract , 1. 2month notice period 2. Cannot go to any direct competitor or customer within 6 months of leaving.
Local citizens advice close at 2.30 each weekday so i cant go.
Anyone had this issue , legally who do i turn to as i would like to be in company B as i have been trying for several years.
If successful here , we can turn it into a what car for 100mile commute thread ha.
My employer would find out ,as i am going into the same team so the account manager will see me sat in the office...
The contract explicitly says i cannot go to "x" companies which are direct competitors ,which i am not. I am thinking to just go through the formal application process then see what they say when i have something in writing as surely you don't want a disgruntled employee.
I not high up , there are only 10 employees in my company (uk arm) although i am responsible with a colleague for this particular product. I just know that they will be funny as they struggled to recruit someone for this niche position and have invested in a little bit of internal training on me.
The contract explicitly says i cannot go to "x" companies which are direct competitors ,which i am not. I am thinking to just go through the formal application process then see what they say when i have something in writing as surely you don't want a disgruntled employee.
I not high up , there are only 10 employees in my company (uk arm) although i am responsible with a colleague for this particular product. I just know that they will be funny as they struggled to recruit someone for this niche position and have invested in a little bit of internal training on me.
Edited by pimpchez on Saturday 11th February 12:49
jkh112 said:
If I understand correctly you are still in your probation period. Whatever you decide I suspect it will be easier to leave and with a shorter notice period if you do it before you formally pass probation.
Yes if that was possible but it isnt , the role i have been offered is live internally .With no applications as of yet , this will run for another two weeks from a end of jan start date. HR will then faff around making it visible for external applicants (end of march ish) , by this point my probation period is over...Jefferson Steelflex said:
Uunless I misunderstand, you're saying Company B have unofficially sounded you out about a job. If that's the case, tell the guy you are talking to the exact situation, in that if you cannot get an agreement asafp you'll be bound by your contract at Company A and may not be able to move as quickly as you'd like.
By the way, very few companies enforce this unless it's for Execs or critical staff with knowledge that could lose them a competitive advantage.
Thanks for the input , i will see down with company B this week.Not sure if they can break there very corporate HR structure but i will ask. I cant take any risks as i just couldn't afford any type of legal dispute.By the way, very few companies enforce this unless it's for Execs or critical staff with knowledge that could lose them a competitive advantage.
Jefferson Steelflex said:
Fair enough, but in the OPs situation I would still advise this is not likely to happen. With respect to him, the job doesn't sound like one worthy of enforcing such a clause, and it is most likely a generic contract.
I think we all agree that he should take the job he wants (if/when it is offered), but there are some conversations he should have first.
No offense taken , thats my point i am just a worker. I am responsible for support and up selling of a software product that is all. I spoke to acas this morning and they straight away recommended seeking more legal advice , luckily the mrs has a regular customer (beauty of retail) that apparently specialises in this legal angle. I think we all agree that he should take the job he wants (if/when it is offered), but there are some conversations he should have first.
So i contacted him this morning , and he wasn't very positive. I have sent the contract over for him to examine further.
I have a meeting with company b later in the week to talk about this again , so i will explain to them where i am legally.
Ok guys a short update
Spoke hiring manager no.2 as hiring manager no.1 leaves next week.He is more technically orientated so had a frank chat about my aspirations and he is happy to mold the role to suit my technical side.
In regards to the contract , he was a little shocked that the term is in there but confirmed that there is no poaching clause in his contract with my employer.He was a little a sympathetic as his requirement for more onsite support was the reason why company A hired me.
He basically turned around and said , he will talk to company A and ask for permission to go forward with me , so the ball is firmly in company Bs court now. It is just a case of waiting to see what happens.
Spoke hiring manager no.2 as hiring manager no.1 leaves next week.He is more technically orientated so had a frank chat about my aspirations and he is happy to mold the role to suit my technical side.
In regards to the contract , he was a little shocked that the term is in there but confirmed that there is no poaching clause in his contract with my employer.He was a little a sympathetic as his requirement for more onsite support was the reason why company A hired me.
He basically turned around and said , he will talk to company A and ask for permission to go forward with me , so the ball is firmly in company Bs court now. It is just a case of waiting to see what happens.
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