Handing in my notice tomorrow

MissMotivation

I've been in my current job for around 18 months and although it's not ideal in terms of hours and working environment I had never thought of leaving until the last couple of weeks. There was an incident a couple of weeks ago and I feel that I am unable to continue my employment there.

So, I have been offered another job and although the money is the same, the long term prospects are not as good (independent vs corporate). I am resigning tomorrow. This is where it gets tricky! I have a clause in my contract which states that I cannot work for a competitor for period of 6 months! I really cannot bear working there much longer and I cannot afford to be out of work for 6 months.

Really don't know what to do?

anamenottaken

MissMotivation wrote: »

I've been in my current job for around 18 months and although it's not ideal in terms of hours and working environment I had never thought of leaving until the last couple of weeks. There was an incident a couple of weeks ago and I feel that I am unable to continue my employment there.

So, I have been offered another job and although the money is the same, the long term prospects are not as good (independent vs corporate). I am resigning tomorrow. This is where it gets tricky! I have a clause in my contract which states that I cannot work for a competitor for period of 6 months! I really cannot bear working there much longer and I cannot afford to be out of work for 6 months.

Really don't know what to do?

You don't say whether the job you have been offered is with a competitor. Is it?

How senior are you in the organisation? Would you actually be taking knowledge with you about your current employer and its clients which could be used to benefit the new one?

agrinnall

So is the new job with a competitor, you haven't said? If it's not, no problem. If it is, then knowing the exact wording of the restriction clause would be required in order to assess whether it is enforceable.

MissMotivation

Sorry, yes it's with a competitor.

I'm not particularly Senior, not management but with the nature of the work I do then yes I could use information gained from current employers to benefit new employers.

pmlindyloo

I don't know whether you have forgotten but a previous thread of yours covered much about restrictive covenants in employment contracts.

See here:

https://forums.moneysavingexpert.com/discussion/3446993

mountainofdebt

wasn't there a thread a couple of months ago where the poster was going to work for a competitor and the former employer was enforcing the restrictive clause?

MissMotivation

Thanks for the reminder, I had forgotten about previous thread. Nothing ever came of that situation so still unsure about whether, in the real world, these clauses are ever enforced.

Thinking back there have been a couple of ex employees that went to competitors and they have not enforced the clause.

I'm going to hand in my notice anyway, i'll take the chance.

marlasinger

I vaguely recall reading that they weren't enforceable.

Googling brought this up:

http://www.lindermyers.co.uk/are-restrictive-covenants-enforceable_751.html

Looks like some can be enforceable but the onus is on the employer to show they were reasonable.

MEM62

If that clause is included in your Contract of Employment it is not worth the ink used to print it. When your employment is terminated, either by you or your employer, the contract is no longer valid as you are effectively terminating your contract of employment - including ALL of the terms and conditions that it contains.

Only if you have signed a separate agreement on the subject are the conditions, in certain circumstances, enforceable.

SUESMITH_2

i'm sure these are not enforcible - how will they find out, or will you tell them? i would be very non committal about where i was off

andrewjf

SUESMITH wrote: »

i'm sure these are not enforcible - how will they find out, or will you tell them? i would be very non committal about where i was off

New company will probably contact them to obtain a reference.