Employment contract restriction question

[Mooster]

Looking for some guidance here. I have been approached by an agency for an Account Manager position, with a direct customer of my current employer (the job is with my current largest client in fact!) I work in sales so there are restrictions in the contract. I'm interested to know if the contractual restrictions mean I can't work for them as an existing client, or if I do then I need to take 6 months off work (not really practical)?

The clauses in question are as follows, in particular 2.3.1:

2.3. You undertake with the Company that (except with the prior written consent of the Company) after the termination of your employment whether by yourself, your employers or agents or otherwise howsoever whether on your own behalf or for any other person, firm, company, partnership, organisation or business entity whatsoever you will not:-

2.3.1. For a period of 6 months directly or indirectly entice, solicit or endeavour to entice or solicit away from the Company, accept or deal with the business of any person, firm, company, partnership, organisation or business entity who during the period of 12 months preceding the date of termination of your employment was a Client of the Company and with whom you have had personal contact or dealings or for whom you were directly or indirectly responsible during the course of your employment;

2.3.3. For a period of 3 months after the termination of your employment either on your own account or on behalf of any person, firm, company, partnership, organisation or business entity be engaged or become concerned or interested in the business of selling or supplying goods or services in which you were involved during the period of twelve months preceding the date of termination of your employment in direct competition with the business of the Company.


I have been offered an interview and the role fits well, but if I ultimately got offered it would I be effectively stranded for 3 or 6 months? As with many contracts it is all in the interpretation, but the phrase 'deal with' seems to include being employed by?

Thanks.

[andy-xr]

They read like non solicitation of staff (sorry, customers) and non competes to me

Edited by andy-xr on Thursday 10th November 09:49

[mr_spock]

Looks like you're ok to accept employment. First clause is non-solicitation of customers (i.e. work for a competitor and "steal" customers), the second is a non-compete clause. You're doing neither by accepting a job IMHO.

However, the customer may have a non-poaching clause in their supply contract. But that isn't really your problem.

IANAL though.

[Jasandjules]

Do you have a 3 month garden leave clause?

[anonymous-user]

IANAL, however the first clause is terribly drafted in terms of legible English. It also appears so wide as to be overly restrictive and incapable of being reconstructed by a court to remove the width and leave behind a workable restriction.