Urgent Help - Contract of eomployment

Reds-on-Sea

The wording of the "5 miles" sentence is a bit vague - I take it they mean working for similar businesses within a 5 mile radius, and not any job within a 5 mile radius?

I do believe I have a similar clause in my contract about not going to work for competitors within a 6 month period and not becoming a managing director of a new company that could be classed as competition either. It doesn't necessarily have to be within a distance radius either, our main competitors are over a hundred miles away I believe.

Is it called "garden leave" when you're in between jobs like that or something?

Kimitatsu

There are more details about restrictive covenants here:

http://www.consortiumpublishing.co.uk/EmploymentLaw70.html

The case law for non competition is here:

http://www.personneltoday.com/articles/2007/03/06/39512/12-month-non-compete-restrictions-can-be-valid-thomas-v-farr-plc-and-hanover-park-commercial.html

ceridwen

I dont know how this would stand in law - but personally I would give them a letter (copy kept obviously) saying I did not accept the terms of any new contract applied. This might be a bit of a risky strategy - as to whether they would try to sack you for not agreeing a new contract on the one hand and on the other hand it would presumably mean they couldnt enforce any new contract (as you visibly hadnt agreed it??) - ie you were free to get another job within 5 miles/etc - as you hadnt agreed you werent.

Worth checking that one out and assessing the level of risk of refusing to have a new contract imposed. How difficult to replace are you?

Good luck.

diya_2

SomeBozo wrote: »

Still can't see a problem.

With no contract, the status quo applies. Those given a contract might be abusing something that needs clear written instruction.

Unless you want to elaborate?

Bozo

Thanks Bozo..s, I need to elaborate....the only person to be without the new contract...is a related to the management, who is on a student visa, with 20 hrs to work, but working on a full time,,,,,,,

debtfreein4years

I would also check out www.shout99.co.uk I beleive it is. I use that with work, but mainly deal with limited company contracts for self employed contractors.

"12 months after termination of my employment, I should not do business of any with any firm that the current company has been dealing with"

I beleive the above quote to be reasonable, most contracts have something along these lines although its usually worded more eloquently (sp?) however if you get a job with a different travel agency and the a previous client decides to use the new agency for whatever reason instead of the previous agency then that is without of your control and should not be be used for breach of contract with regards to the potentially ex employer.

"that the employee will not work within 5 miles for the period of 12 months and will not work for any business of the same kind"

this is far to restrictive but in order to fully analise the clause i would need to see the rest of the paragraph. however from the snippet that you have provided i would be very surpised is this was held up in court or at tribunal. I would prefer the empoyer deleted that clause as it is far to restrictive on the current employees as Im assuming most of you have a travel qualification of some sorts, even if its just in house training and it wouldnt be reasonable or fair of the employer to impose that above clause as the first quote could be re-worded to include poaching clients.

If you want me to go over the contract, pm it to me and i will go over it for you if you would like.