Non-poaching clause

[Janosh]

Hi guys,

I work for a IT security reseller and have been offered a job by a partner / vendor. The vendor is clear that their offer is legitimate and does not breach any agreement between the companies.

Accepting this offer would be against the non-poaching clause in my employment contract, however my understanding is that a blanket non-poaching clause is not legally enforceable and contravenes my right to work.

I would not be taking any IP, existing customers, etc.

Does anyone have experience in this area?

[spikeyhead]

If you post up exactly what your contract says then it will give those that are qualified to comment the opportunity to give you an accurate reply.

[Janosh]

No problem:


It is agreed whilst you work for the company and for a period of 12 months thereafter, that you are not able to work for any of our suppliers without an express agreement from the company. Should any supplier offer any employment to you whilst in the services of the company, you are contractually bound to advise your manager immediately under this non poaching clause.

[miniman]

Which amateur lawyer wrote that tripe?

[bad company]

swerni said:

Janosh said:

Hi guys,

however my understanding is that a blanket non-poaching clause is not legally enforceable and contravenes my right to work.

But it isn't though, it's only blocking you working for certain organisations.
If BV were hear, he would tell you that contracts in restraint of trade can be and are enforced all of the time.
My suggestion is to show your contract to the vendor and get their legal team to take a view,

The clause has to be considered ‘reasonable’ to be enforceable. I wouldn’t want to be trying to enforce that one.

[Janosh]

Thanks guys, I've taken some precautions and have support from the vendor, hopefully it won't turn into a formal matter.

[Mr Pointy]

Janosh said:

Thanks guys, I've taken some precautions and have support from the vendor, hopefully it won't turn into a formal matter.

Well hopefully those precaurions include either qualified legal advice or getting full indemnity from your new employers.

[Terminator X]

Why did you sign up to it? Time to dis-agree was when you started current job surely.

TX.

[bad company]

Terminator X said:

Why did you sign up to it? Time to dis-agree was when you started current job surely.

TX.

Hindsight is a wonderful thing.

Seriously how many people read their employment contracts? Yes they should and it sounds like you do but most simply don’t.

[Terminator X]

bad company said:

Terminator X said:

Why did you sign up to it? Time to dis-agree was when you started current job surely.

TX.

Hindsight is a wonderful thing.

Seriously how many people read their employment contracts? Yes they should and it sounds like you do but most simply don’t.

99% of the time it doesn't matter (and probably won't matter here) however you do need to read and agree to them just for that 1% when it all kicks off. Same applies to any contract even if written in really small print like the mobile phone ones, I skim read them just to make sure there is no silly stuff in there.

TX.

[Europa1]

OP, presumably it's a contract with an English company under English law?

[Janosh]

Europa1 said:

OP, presumably it's a contract with an English company under English law?

Yes it is.

Update - My GM has just told me we'll part on good terms, the business has conceded that the vendor relationship is more important that the emotional reaction to my breach of contract.

They also quietly recognise that it would be very difficult for them to pursue this to a positive outcome.

[creampuff]

^ Nice outcome OP. Glad everybody can go forward on good terms.

[Podie]

Janosh said:

Yes it is.

Update - My GM has just told me we'll part on good terms, the business has conceded that the vendor relationship is more important that the emotional reaction to my breach of contract.

They also quietly recognise that it would be very difficult for them to pursue this to a positive outcome.

Keep 'em sweet and make sure they get a nice deal upon renewal

[98elise]

Terminator X said:

Why did you sign up to it? Time to dis-agree was when you started current job surely.

TX.

Most people are thinking of the current job (especially if unemployed) and are not thinking of an exit strategy for the job after that.

[A205GTI]

Well done, interestingly this can work the other way I have held positions where the customers employee has applied and our management have been warned off of interviewing him by his employer, IE do you still want our business, completely underhand imo.

[anonymous-user]

IANAL, however on reading the clause in isolation (which can be a dangerous thing), if it prevents you from working for any supplier in any capacity, it seems quite wide.