Contract for new work opportunity

[macp]

Swmbo is reviewing a contract to work for a clinical practice as an associate member.We noted the contract states: for a period of 3yrs from the date of the ceasing of the agreement the associate cannot practice or offer any professional service/advice of any kind normally associated with their work within a 5 mile radius for 3yrs.

It also goes onto to say that for a period of 12mths from the date of the ceasing of this agreement the associate cannot treat a patient previously seen at the premises or during a domicillary visit.It does not state a distance in this instance?

Does this sound reasonable or indeed enforceable ?

As always thankyou in advance.

[johnfm]

How much does the job pay?

[macp]

johnfm said:

How much does the job pay?

Thanks for the reply its on a self employed basis where they take a percentage of her earnings which we feel is fair & reasonable.They provide all equipment,laundry,marketing,reception etc etc

[johnfm]

The enforceability of restrictive covenants is not black and white.

A lot hinges on the reasonableness of the restriction - both in time and geography terms.

3 years sounds very very unlikely to fly.

5 miles sounds like it may be reasonable.

Not taking clients with her is reasonable - but again, the 12 month restriction may not be.

The other consideration is whether they have the resources to enforce the covenants if push comes to shove.

[macp]

Thanks John I agree with what you say and its what I was feeling.We thought it completely reasonable to have something set in stone to protect themselves just the time period seemed high.

She is not going into this looking to cream off as many clients as possible then bugger off and setup a practice next door.We just want to try and dot the i`s and cross the tees.

Thanks again for your advice.

[rog007]

She could seek advice from the BMA and the local CCG (who fund the GPs ). They will be able to shed further light on this issue.