'Non Compete Clause'

St0lli

I agree with Cazziebo.... It's more normal in these circumstances to give the resigning employee 'gardening leave'. i.e. they give you your pay in lieu of notice (PILON) and don't expect you to work your notice period. This is very common in the Recruitment Industry if you are going to work for a competitor and it also happened to me when I was working for a very large blue chip organisation and moving to a much smaller competitor. If this is the case just sit back and enjoy your paid holiday!

DVardysShadow

cazziebo wrote: »

.... Staff handbook also forms part of any contract of employment so as long as this is issued to employees then it becomes part of the terms and conditions. Doesn't have to be signed for

I agree about not being signed for. But a staff handbook normally relates to conduct while in the job - which will be enforceable. A staff handbook clause which constrains freedom to change jobs does not fall into this category - and I would say that there is a good case to be argued that any such clause must be notified prior to taking up employment - either by including the clause in the offer of appointment or by including the staff handbook with the offer.

AndyWhyteUK

Really great replies everyone. Much appreciated.

Oddly I do work in the world of software so it's funny that it should come up as a aspect in so many of your points.

However, I work as a sales consultant in the software industry. Both companies work offering software to the same industry. However, they both specialise in different areas of software.
AND the reason I came to the attention of the other company is that I was working on building a strategic partnership between both companies so that company 'A' (my old company) could offer company 'B's (new company) products to their customers.
This said company 'A' does offer a form of company 'B's product although not good enough to compete in the market and they don't sell it they give it away.

It is my intention that if everything remains good natured to work with my old company and give them leads when possible. Whether I sold my new product to everyone and their dog it wouldn't cause my old company any loss in revenue.

It is my firm belief that the reason why they've brought this clause up is because they're frustrated that I've left. They know (although I've not said it) that I've joined company 'B'.

Also! a couple of years ago a software developer left my old company and started his own. Took every single feature of my old companies best selling product into his own system and is stealing more of my old companies customers a month than they are selling to new ones.. and NOTHING has been done.