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Notice Period Being Fair?

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Comments

  • Yorkie1
    Yorkie1 Posts: 12,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Did your legal advice cover whether you were allowed to take with you information a) that you gained solely through working for this company, and b) about customer contacts etc.

    There is such a thing of theft of intellectual property - which is different from restraint of trade covenants.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    You have no legal right to paid overtime other than minimum wages so no point putting pay me for overtime.

    IF your primary source of business is going to be existing customers you need to be carefull.


    Think what are you going to do if he sues you for trying to poach customers.
    OP has no formal contract. So the terms which would be deemed to apply would be the minimum to make the contract work.

    While I can see that a duty of trust would be enforced in terms of Intellectual Property , I would doubt that anything very much would be enforceable in relation to knowledge of the customer list.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Yes it did, you are obviously not allowed to take any company property with you which includes business cards that you take as an employee and the information contained on them and any other information files that the company has.

    You are however allowed to the knowledge that you have in your own head, it would be a very strange if you could not make contact with very well know companies that would need your services in your chosen profession. Some of whom you may have had contact with before, you can't over play the previous relationship or say I will do the job for a cheaper rate than x. However telling yourself now I must not tell myself who to contact at firm x is not very likely is it. That is why companies put people on Gardening Leave so that the information that they know becomes out of date while they are still an employee.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    OP has no formal contract. So the terms which would be deemed to apply would be the minimum to make the contract work.

    While I can see that a duty of trust would be enforced in terms of Intellectual Property , I would doubt that anything very much would be enforceable in relation to knowledge of the customer list.

    It's not about what what they can enforce/win it's what they can do to disrupt.

    Happy to flaunt the law on employment you never know what else they will do.

    It can be quite difficult to prove you have not done something.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    It's not about what what they can enforce/win it's what they can do to disrupt.

    Happy to flaunt the law on employment you never know what else they will do.

    It can be quite difficult to prove you have not done something.
    Might as well do as much nothing-they-have-grounds-to-complain-about as you can in that case.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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