Restrictive Covenant

Mgreen17_2

Also, what about the idea of just wanting to "follow the contract" under TUPE laws?
I though the European Union had wading in in favour of the employee in situations like this?

Is it to late for this idea anyway as I have already resigned?

SarEl

Mgreen17 wrote: »

Also, what about the idea of just wanting to "follow the contract" under TUPE laws?
I though the European Union had wading in in favour of the employee in situations like this?

Is it to late for this idea anyway as I have already resigned?

Too late and it quite probably wouldn't be quite as easy as you think - or change that covenant.

getmore4less

Mgreen17 wrote: »

B approached me.
It may be my current employeer thinks I orchestrated it. But I didn't! Promise!

I told A I was going to work for B, perhaps naively. Some people have said I should have just handed in my notice and kept my mouth shut about where I was going.

B was aware of my covanant early.
If legal advice is to just play it very safe I will do that and stay well away from the client in question.
I CERTAINLY will not and have not approached any of there other clients, or accounts I work on.

Hmm.

I have had two employment solicitors read the covent now.. One says No way enforceable. One says perhaps enforceable.

My old boss is frankly up to his neck in it. I am just wanted to stay out of things as much as possible. After all I was just offered a better job than the one I have got and want to take it.

Thanks for the advice all.

Hindsight

If you new this when B approached you(99% your boss told them to approach you and probably were part of the deal)

The best thing to do was probably say look I am interested but can we leave this till after Xmas...

let the dust settle and if A decided to offload you you then slip into B quietly.

Does the covenent cover old clients(for how long) or just current ones.


One option(might be too late) may be to say to A ok I though it was OK looks like old boss tried to poach me, since this was nothing to do with me can I stay and work on other contracts or try to help get the contract back.


Are "B" paying for this legal advice?

colino

This appears to be a truly justified covenant and your employers have covered themselves well. However moving on from that, even if your new employer does take you on and your existing one just sabre rattles, your attitude to contracts will surely backfire on you if something goes wrong with this newly acquired account. Companies have permanent memories.

Mgreen17_2

I most certainly dont have a lax attitude towards contracts. If I did I wouldn't be on here enquiring, and wouldn't spend all my time worrying about it.

Fact is this is a cival case, in a free trade economy.
Just because its written on a document doesn't mean its hard and fast. There needs to be a strong case for restricting trade.

Customers can place business with who they want, and people can work for who ever they like. (On the whole)!

I fear enquiring on here is a bit like googling a headache - ie you are certainly going to die!
I have instructed paid legal advice and will generally speaking play it safe as this whole thing unwinds.

Thanks all for the comments, and have a good Christmas.

SarEl

Mgreen17 wrote: »

I most certainly dont have a lax attitude towards contracts. If I did I wouldn't be on here enquiring, and wouldn't spend all my time worrying about it.

Fact is this is a cival case, in a free trade economy.
Just because its written on a document doesn't mean its hard and fast. There needs to be a strong case for restricting trade.

Customers can place business with who they want, and people can work for who ever they like. (On the whole)!

I fear enquiring on here is a bit like googling a headache - ie you are certainly going to die!
I have instructed paid legal advice and will generally speaking play it safe as this whole thing unwinds.

Thanks all for the comments, and have a good Christmas.

I wonder when, between Friday night and Saturday morning, the weekend before Christmas, you managed to retain not one but two lawyers? They must not be making enough money if they need to open those hours.

Fact - the covenent is almost certainly enforceable based on what you have said. Fact, it does not restrict you selling your skills at all - it restricts you from selling your knowledge of the employers business. It is very limited in its application, which is what makes it enforceable.

mountainofdebt

I have to be honest I would be wondering, in the OP's shoes,why exactly Company B had approached me.

After all they had the contract in the bag, presumably they had courted the customer so didn't need to woo the OP in order to win it.

As it sounds like Company A & B are competitors, I'm wondering are they bringing in the OP jsut so they can lure more customers away from Company A (using her contacts) and if Company A sue the OP under this covenent ...leaving Company B to walk away scot free

SarEl

mountainofdebt wrote: »

I have to be honest I would be wondering, in the OP's shoes,why exactly Company B had approached me.

After all they had the contract in the bag, presumably they had courted the customer so didn't need to woo the OP in order to win it.

As it sounds like Company A & B are competitors, I'm wondering are they bringing in the OP jsut so they can lure more customers away from Company A (using her contacts) and if Company A sue the OP under this covenent ...leaving Company B to walk away scot free

Exactly my thoughts too.

getmore4less

one solution might be to offer your services to the customer

you know the deal they could have got not waht they did get,

does the covenent cover that senario

SarEl

getmore4less wrote: »

one solution might be to offer your services to the customer

you know the deal they could have got not waht they did get,

does the covenent cover that senario

Yes. It quite clearly does.