Restrictive Covenants

[clowesy]

Looking for a little advice.

I've recently started a graduate role as a wiring harness engineer for a company supplying an automotive manufacturer. After six months, I've decided it's not for me. It hasn't got the technical aspect that I'm looking for that was apart of both my engineering degree and also my previous job in the industry which I did as part of my twelve month placement, which was incidentally working for the manufacturer I now supply.

I've recently been offered a job back at this same manufacturer as an Engineer in a completely unrelated capacity; HVAC. The issue I have is that when I've offered my resignation to my current employer they have told me that they will not allow this due to the restrictive covenant in my contract, which prohibits me from working for a list of companies (this particular manufacturer being one of them) for six months from termination of my employment. Now, having looked at the contract, it clearly states that I cannot work for this manufacturer "in a similar capacity". My question is whether or not this is enforceable. Could a HVAC engineer be considered a similar capacity to my current role?

I'm looking into getting some professional legal advice, but in the meantime I thought I'd offer the question up here.

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SantaBarbara said:

Are you a Graduate Apprentice?

It's a permanent role within the company, with a graduate level of pay until you have completed their graduate training program. But for the purposes of this question you can consider me a regular employee. I'm also within a probation period until the end of the year...

[clowesy]

The clause, as it is shown in my contract.

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Breadvan72 said:

If the employer pushes the point, you will need a paid and insured lawyer, not a car forum. PM me for some recommendations,

Thanks for the advice. Could it also be argued that the restriction is disproportionate to the knowledge/experience I have in my current role? Of course, being a graduate of only a few months, I know very little about the engineering process, let alone the business model, so my knowledge of trade secrets etc is slim to none. This would be a different case for a senior engineer for example.

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Breadvan72 said:

On the facts that you describe, I think that the dissimilarity of the two jobs and the consequent lack of competitive overlap, combined with your relative juniority would probably incline a Judge against granting an injunction. I suggest that you write a polite but firm letter stating that you have taken advice and maintaining that your new employment will not breach the covenant.

Edited by Breadvan72 on Tuesday 3rd October 06:40

Once again, thanks for the advice. I'll be sure to PM you for recommendations if it comes to that. For the time being I will look to meet with HR and present them with a letter as suggested. Cheers.