Post termination restrictions

tote_alley_stressed

Hi, advice quickly needed please as to whether contract should be signed with this in place. The wording is very confusing and there are several clauses. My main worry is to whether on leaving this particular job that has 6 months restrictions in place similar employment can be taken up or will 6 months have to lapse before applying.

kingfisherblue

Do you have the exact wording?

Uncertain

Certain clauses that seek to restrict what you can do and who you can work for after leaving can be unenforceable, whether signed or not.

This is a complex area and needs specialist legal advice. Even then it will only be an expert opinion as to what a court MAY decide if it ever came to the crunch.

To what extent the terms are negotiable will of course depend on how much the firm wants you and how unique your talents are!

tote_alley_stressed

The clauses are non competition, non solicitation, non dealing, non poaching and intellectual property

tote_alley_stressed

I think what it means as there is 6 month time constraints that on leaving this position employment in the same industry can not be undertaken without repercussions. So the contract can't be signed and as it isn't open for negotiations guess there will be no job

Uncertain

Again, this is too close to call without knowing the type of industry, your type of work, the exact wording etc etc.

If this is important in deciding whether to take the job then I fear you will have to seek professional advice form a specialist employment solicitor.

tote_alley_stressed

The job is in catering and whilst i appreciate employer concerns I need to ensure that if things go wrong I could get alternative employment in the same industry. The wording is repetitive and 6 pages long and whilst several of the clauses are self explanatory its the non competition and intellectual property that worries me. HR advised me to take time in signing it which worries me

Uncertain

If the clauses are enforceable then just not signing it may not be enough.

Generally with an employment contract you are deemed to have accepted it by turning up and working. If you are not happy with some of the terms then you need to say so in writing and the points need to be clearly in dispute / negotiation whilst accepting the other aspects.