Unfair redundancy terms

RobertoMoir

the wrote: »

If it was me , once made redundant i would go and work for whoever i wish, regardless of the restrictive covenant, after all it is the company dismissing the employee.
Now is it feasible that the present company will find out whom your future employer is and if so will they act against you.My thoughts are unless the work is of a sensitive nature , they may make threats to litigate but it is unlikely.

After all a job is just that a job

That depends on the job, and how useful information or contacts from one employer would be to another employer in the same field.

As for them finding out about it, some professions are relatively "small" and some can be quite interwoven - whenever I sit down with a new IT supplier it isn't long before we chat and find out we have a mutual friend or two in the IT field.

cakey

My OH got made redunadant, and had a restrictive covenant of 1 year, and it covered the whole of the UK. we took legal advice and they said although he is bound by the terms of his contract, it would not stand up in court if he was made redundent. that they have seen many cases where if it goes to court the employee wins on grounds of the redundancy. they cant restrict his right to earn a living i they are not providing employment on their grounds

longhauladdict

Hi

Just to add my two pennies in, it is more likely that a company would agree to remove/make reference in the comp agreement that they will not enforce the restrictive convenant.
If he is offered an enhanced package, he also wants to ask about the potential of this being paid ex gratia (up to £30K) to gain the extra benefit.

I work in HR and have frequently removed the RC in cases of redundancy but would usually leave any section about 'poaching staff' just in case.

HTH

xx