Non-compete clauses

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Output Flange

Original Poster:

16,800 posts

212 months

Wednesday 3rd August 2016
quotequote all
Are they enforceable?

My OH is changing jobs, and the current employer is saying that she must adhere to her non-compete clause.

A while back, there was a question over whether these clauses were enforceable. Has there been precedent set on this?

She's taking advice, but thought I'd pick the brains on here.

Output Flange

Original Poster:

16,800 posts

212 months

Wednesday 3rd August 2016
quotequote all
Thanks all for the input.

Funnily enough the clause in question reads very much like this:

janesmith1950 said:
Non Compete Clause said:
12.3 In order to protect the Confidential Information and business connections of the Company to which he has access as a result of the Employment, the Employee covenants with the Company that he shall not:

12.3.1 for 6 month after termination, be involved in any capacity with any business which is (or intends to be) in competition with the employer
And as mentioned in the OP, this bit:

janesmith1950 said:
Spend a few pennies on some qualified advice
is also underway. Fingers crossed it works out in her favour.