Redundancy and Working for Competitor

Amysdad70

Hello everybody,

This is my first post. I am currently on garden leave as I am being made redundant after 7.5 years. My official finishing date is 9th February.

As is the case with many people I have a clause in my contract about working for competitors. However my job is quite specialised and as soon as our main competitor heard that I was going to be available they have shown interest.

So my question is, is the no competitor clause enforceable if I have been made redundant?

Thanks in advance

Jarndyce

Its not the redundancy that matters, it's the reasonableness of the restrictive covenant. It is only enforceable in so far as it is reasonable. What does it actually say? How long does the restriction apply and over what geographical distance?

SarEl

I agree - if a restrictive covenenat is enforceable it is still enforceable if you are made redundant.

System

However if it prevents you earning a living by stopping you doing the job that you are trained for (as this sounds, being a specialised role that is only done by competitors) then it is considered unreasonable and can not be enforced.