HELP...Recruitment (Breach of Contract)

Prits8

I have just finished with a Recruitment Firm and have started up my own recruitment agency, i have a clause in my contract which restricts me from contacting clients and candidates that i have had previous contact with up to 12months after i left them and also another clause which restricts me from setting up a competing business.
However i have been told by a number of people that they cannot impose these.
Is this true?

Lotta_Littlies

These clauses are called Restrictive Covenants and are not normally considered enforceable so long as you are not still working for your employer. The only time employers could use these covenants is if you were working for a competing company whilst working for your employer at the same time.

You can find more information here.

Lotta

Prits8

thanks Lotta, so to summarise, if i have finished with my last employer and started my own agency they cannot enforce any Restrictive Covenants clauses.

Lotta_Littlies

They could take action but would have to prove that it was justifiable to have such a clause. My solicitor told me that they usually don't stand up in Court as you still have to make a living and they can't restrict you doing that once you've left.

Lotta

Savvy_Sue

Obviously if you left with a stack of index cards with candidates names and addresses in your briefcase, or emailed the candidate database to yourself before you left, or copied it to floppy and snuck it out in your lunchbox, your previous employer might have a case against you ... if you just happened to pass your personal phone no. onto candidates from your previous employer before you left then that would be a different matter. The clients' details are a matter of public record, presumably?