Employment Law

[concord]

When I joined a company I singned a contract part of which stated " not work for any similar business for 6 months afterleaving or contact any customer for 12 months after leaving" I was recently made redundant, does this still apply?
Help please as I need a job

[TonyV]

What does you redundacy agreement say? I would in your position contact some "friends" and tell them you are available for work - best of luck

[Tim123]

Unless there was a specific clause in your redundancy package saying they would waive the condition, it still applies. Have a chat with HR, they might be willing to help.

[ChuckFickens]

Impossible to answer this as it depends on too many other factors whether the clause is enforceable or not...

http://www.roydens.co.uk/content09.htm

[TonyV]

Chuck - not impossible - what details do you need to know?

[pink-kittens]

this was asked a few weeks ago and basically your ex employer would have great difficulty enforcing it quite apart from the fact you will not be doing the same job if you manage to find one as your old job is no longer there, is it?

Cant recall if it was in civil or law or it may have been in the jobs section (cant find it right now)

[pink-kittens]

http://www.theanswerb...4.html#answer-6086338

[boxtops]

What sort of work do you do, concord? If it's a job where the employer thinks leavers might poach their customers, this isn't unusual.

[Eve]

I had a similar situation not that long ago. I'm not very knowledgable about employment law but looked into it to see if I could be caught. It's harder to see I think if personal circusmtances as you don't always see the situation quote so logically.

It does depend on the circumstances and whether the ex employer has any interest in forcing the clause (restrictive covenant/restraint of trade clause) and it would be worth their while. It can't be unreasonably wide but that can differ with the context of the industry - I'd say totally open ended "similar business" might be pushing it!

An example I've heard quoted is of it being more reasonable for restricting a rural hairdresser for a certain mile radius in the locality than say a city lawyer or accountant in a city centre.

Clauses have to be reasonable (again, depends on the circumstances).

Enforcing a covenant can be expensive so it would have to be worth the ex employer trying. How much risk is there of you being any kind of threat of competition or you current firm losing work to you?

Does it say anything about advising the former company/new company?

As you were made redundant, did you have any kind of compromise agreement - negotiated terms of your redundancy? If so did you get any advice and was anything dealt with about this term? At least (in terms of argument) they let you go so it's not like you left them intending to take a load of business with you.

[hammerman]

Don't know if this is true but i was told once by my solicitor....he's also a mate and my best man and specialises in employment law, that this clause id virtually unenforcable in a court of law.

This is becuase it can stop you taking up another job in the trade that you are trained in or specialise in.

However, i would think it would apply if you started poaching their business.

[Postdog]

Well, just my take, I'm no expert, but being redundant means the job no longer exists surely. Therefore any contract clauses like that are irrelevant.

[factor-fiction]

Perhaps, postdog; however, it's also possible the job still exists but they just need fewer people to do it.
Anyway, concord- the best place to start is to ask your former employer

[Myriad2112]

I heard through the grapevine that I will soon be made redundant, I have never evern seen let alone signed a contract. Is that legal?