I left the company (on-line bathroom supplies) I have worked part-time for since January 2018, last week after working 3 months notice, my reason being that the commute of 51 miles each way became too much for me. I was employed as Health & Safety Manager. Within a couple of days I was offered the same role for a group of companies sited 6 miles from home, and a small part of this business (but by no means all) includes some on-line bathroom retailing. I accepted their offer and signed a contract electronically. Today, four days after I left my last company, I've received an email from my ex-Ops Manager in my last role, saying that he needs to speak to me tomorrow in relation to my contract of employment with them and my new role with a competitor. I've looked at my original contract and it states : "You agree that for a period of six months after the termination of your employment, you will not directly or indirectly: Either on your own behalf, or for any other person, firm or company, be engaged, concerned or interested as an employee or in any other capacity in any business within 100 miles radius of your place of work which is in direct competition with the business carried on at the date of termination of your employment by the Company or any Group Company and where you are to be employed or engaged as a Health and Safety Manager or in a substantially similar role. The restrictions set out in these clauses are considered reasonable by the parties but in the event that any such restrictions shall be found to be void but would have been valid if some part thereof was deleted, such restrictions shall apply with such modifications that may be necessary to make the restriction necessary and effective. You agree that the said restrictions are reasonable and necessary for the protection of the business of the company and that they do not work harshly upon you" It seems rather heavy handed to wield this restriction upon me, and I'd appreciate any legal opinions before I speak to him tomorrow if possible?
So, not an employment lawyer, but I am an employer. Recent conversation with my employment lawyer re adding a no compete clause to our contracts of employment. The advice we received was that the courts were not overly supportive of these clauses, as it takes away someones ability to work and earn money. My unprofessional advice based on your account is, you left for a legitimate reason and sought work after you had left their employment and not before. If they press the issue and take you to court, then in my opinion, you have a very arguable case. If you had got the job whilst still at your old firm and that could be proved, different ball game I would say.
wow, That sounds a very draconian contract within a 100 miles for start pretty much rules out all of England as an employment opportunity. Good luck finding common ground with your ex employer, given you were Health and safety based I don't see how you have sensitive information that would be advantageous to your new employer. You aren't in a sales/purchasing based position. Hope this works out for you.
I’m sure someone more familiar with this will be along but in the first instance I wouldn’t attend the meeting/call without getting guidance. Your no longer employed there so you have absolutely no obligation to attend. In my limited knowledge of contract law it’s my understanding that it’s a hard thing to enforce, non competes are there in writing but will cost them a lot to pursue. If however you do attend/call and they take notes or record it then you could be doing them a favour. https://businessadvice.co.uk/insura...ity/when-are-non-compete-clauses-enforceable/ I wouldn’t communicate another word/text until you’ve looked into it.
I can advise but as I dunno what I'm talking about, then I won't. I would think that it is worth paying an employment law specialist for an opinion. I have a recollection (and could be wrong) that many restrictive covenants in employment contracts and unenforceable. Especially where it seeks to prevent or restrict employment.
I would talk to Citizens advice first before paying a solicitor. Or maybe Zhed/Pete can help a fellow forum member?
What @AndyTheFox said. Be very difficult for them to stop you earning a living. Especially given the role you carry out net being a commercial role. If it were me I (would like to) Tell them to stick it up their arse (but would probably just ignore them instead and carry on regardless). Got legal cover on you house insurance? Call them if worried.
As said above Ron, 6 months and 100 miles is too draconian. See what they have to say but a) it’s extremely unlikely they’ll take you to court b) I doubt very much if they’d be successful if they did based upon what you’ve said and the reasons set out above c) they’d have to show they’ve suffered some loss as a direct consequence of you working for a competitor. Do you have anyone you can take to the meeting with you? Doesn’t have to be a lawyer, someone who can act as a witness, remain detached & offer moral support?
Probably worth informing your new employers HR Dept. as well, no doubt your stock will rise with them also as a result. But do get some professional advice mate. It will be fine, no worries.
I would reccomend ignoring their request until you have had chance to get some advice. Personally (not a recommendation) I'd ignore anyone who was behaving in a manner that clearly seeks to harm my livelyhood, until the moment came to the tear their head off.
Hi Paul, It's not a "meeting" he wants, it's a phone conversation (on a Sunday) to discuss an issue in relation to "a contradiction" of my old contract in relation to my new employer, with whom I'm due to start on monday. I've gone through my contact and I'm sure it's the clause I've quoted which he is referring to - I know of three others who left my old company to join my new company (one senior to me) but of course I don't know what their contracts said.
I will be notifying the new company's HR dept first thing on monday (my first day) and will await with interest, their response - it may be that they take a dim view of it........
I'm no Lawer but I just could not imagine any court punishing someone for simply getting a new job. I've had restricted covenants in nearly all my old contracts and never has any old employer said a word to me even when I left. Even when joining a competitor. I did say to HR once that you day you stop paying me is the day you have no say in the matter.
I am sure they will take a dim view of your ex employer. They will expend more time and effort pursuing you that they would gain. What actual loss have they or will they suffer as a result if you working for the new company as an HSE officer? The fact it’s the Ops Manager who wants the call also speaks volumes.
Take the call Ron and just listen to what he has to say. Make notes at the same time. Even better have the call to your mobile, have your mobile on speakerphone and have your wife use her phone to record the call but tell him you’re doing so. Your old employer can’t stop you starting on Monday all they can do is sue you for breach of contract but as said, they’d need to show good cause and loss.
Again, not a lawyer but we had clauses like that in Formula 1. They aren't worth the paper they are written on. As was mentioned before, the courts would see it as unreasonable that you can't work in your field of expertise. The only case I know which actually went to court ended with a recommendation to the employer that they would need to pay the ex employee for the amount of time they don't want them to work. They suggested employers should include longer notice periods which would allow them to put personnel on gardening leave if they didn't want them to go to a competitor. I would be very relaxed if I was in your position. It's not that health and safety is a field that has many trade secrets that they needed protecting.
The key thing is the covenants must be reasonable. Arguably 6 months and a 100mile radius are too restrictive. These are online businesses too, what’s the point in having any geographical restriction? Ron, your old employer may very well ask you to give written undertakings you will not use the knowledge you gained with them of clients in your ne employ, nor poach other staff. These would be reasonable requests. However as H&S manager how close are you to the old employer’s client data anyway? Not much I would have thought. At this point don’t worry, just see what they say, but do tell your new employer on Monday
