Non-compete contract

donttaxme

Hi,

I was looking to get some advice for a non compete clause.

I have worked for my present employer (a large international website) as a senior manager (reporting into a director) for around 7 years and I have recently been headhunted for a startup in a competing space.

The new role is similar to a position I was doing 9 months ago which I wish to move back into.

I have a non compete clause in my contract, but my question is can I work for a competitor if the new job is different to my old job?

Jarndyce

donttaxme wrote: »

Hi,

I was looking to get some advice for a non compete clause.

I have worked for my present employer (a large international website) as a senior manager (reporting into a director) for around 7 years and I have recently been headhunted for a startup in a competing space.

The new role is similar to a position I was doing 9 months ago which I wish to move back into.

I have a non compete clause in my contract, but my question is can I work for a competitor if the new job is different to my old job?

These restrictive covenants are only enforceable in so far as they are reasonable. What does the clause actually say?

The test is, is it reasonable in so far as it protects the employer's legitimate business interests, or does it go too far to achieve that aim and seek to restrict your future employment in an unreaosnable way? Only a tribunal can ultimately decide, but those of us with experience of such cases can give you an idea.

ILW

Are you likely do be dealing with any clients from your existing employer?