Another employment restriction question.

[Drawweight]

Maybe not just restricted to non competition clauses but i'll keep it to that.

I'm a franchised milkman with a non competition clause in my contract. ie can't sell milk in that are for 2 years etc, just the normal stuff.

However I signed this contract about 15 years ago and since then and my franchise company has been taken over twice. Very little of the details of the contract are relevant in that the company name and headquarters address is wrong.

I've never been offered an up to date contract and TBH i'd be surprised if the present employers even have a copy.

Is this contract still valid or should I have been offered a new one at takeover and if the contract is invalid could I take over these customers as my own?

[Cyberprog]

You should have been given an updated contract yes, but it doesn't hurt to ask them for a copy of your contract. If, as you say, it was 15 years ago, they'll probably come back and say "oops, we don't have it!". That allows you to reset a lot of things to the statutory defaults, especially if you no longer have a copy. They may come up with a "new" contract for you, but it's best to read and negotiate that when it appears and reject if it necessary.

[edc]

When you use the term 'franchised' are you employed or in business as a franchise holder?

[Drawweight]

edc said:

When you use the term 'franchised' are you employed or in business as a franchise holder?

In business as a franchise holder.

I'm just exploring options as my T&C 's may be changing drastically meaning far longer travelling time to pick up my milk.

If this comes off I may explore using another nearer dairy for my milk which obviously won't go down well.

I suppose it all comes down to who 'owns' the customers.

[elanfan]

As you mention the business has been taken over at least twice. The value of it would have included the various franchises they hold and would be a very important factor in price paid. With that in mind I'd be shocked if they didn't have full details of the franchise agreement.

I think you have to either renegotiate the agreement (maybe you could still buy you milk locally but they'd want corkage on it?) or your wife sets up a new company and employs you (though I don't honestly know how achievable that is).

[edc]

The question is less employment related and more commercial.

[bad company]

These restrictions are becoming harder to enforce. The op could have posted this one in business or Speed Plod & Law.

I would ask for a copy of the contract then keep your head down and all options open.