Want to get out of Employment contract

rbloye

Hi Everyone,
I currently work for an employer in the I.T Industry that sends me out to client sites. My employer and the client are going there seperate ways come end of August (Client wants to pay less my employer can get more for me at other client sites). The client has asked me to join them as a contractor which I'm giving serious consideration however part of my contract states that I cannot join any of our clients within a six month peroid. MY question is How Legal is that? (i.e. can they actually stop me from having a job) and does it still apply if I join as a contractor or bearing in mind my client will stop being a client of my employer come end of August.

Cheers in advance for any help

rbloye

P.S

Sorry if this seemed a bit vague but you just never know whose reading

Print_Screen

sometimes when an employee changes employer to an employer that has a similar role to the employees previous employer, then the employee has to go through a period of "Garden Leave" (dependent on contract). During the leave period the employee may have to work out their notice at home, comming in to the office only occassionally. The point of Garden leave is so that the employees access to sensitive information (that may be of use to the new employee) is gradually removed. So by the end of the 1 months notice (or what ever period it is in your case) then the employee has not had access to information that could potentially be useful to their new employer.

In fact someone in the company I work (an IT training company as it happens) recently handed in his notuce and was put on Garden leave and had to work from home most of the time while his access to company files was gradually restricted

gwernybwch

Assuming that the clause in the contract has been written by a suitably qualified person, then yes the clause in the contract would apply. If you choose to be in breach of that contract (ie go work for that client) there would be possible consequences in doing that. The likely consequence would be that your boss would sue you for breach of contract - in my experience this rarely happens, but I guess that it depends on how far your boss wants to take it? Another consequence is that bosses often refuse to supply references. I'm not sure if this would have an affect on you?

Your boss would only be able to place you on 'gardening leave' if there is such a clause in the contract.

Basically it comes down to, how prepared your boss would be prepared (and pay the associated legal fees) to take you to court.

Hope this helps.

p1an0player

These 6-months anti-poaching (I'm sure there's a proper name for it) clauses are very common and I think they are legal.

Maybe your employer would be amenable to your request though if you ask them nicely?!

mrtg0525

I think that the anti-poaching clauses are valid as they don't really restrict your choice of job (that is assuming, that you can get a similar job in your field without working for your current employer's clients). From what I remember from too many chats with employment solicitors, the clauses that are illegal are the ones that are so broad that they'll prevent you from getting more work (like the classic "can't work for any competitors for six months" clause; in my field that would pretty much stop me from working).

And yes, I think it'll also apply if you work as a contractor - in fact, your old company may be even more tempted to sue your new employer (ie, your company instead of their ex-client) in this case.

chilli_dog

Could you not work self employed for a short while for the new company, would that get around the problem?

Conor_3

chilli_dog wrote: »

Could you not work self employed for a short while for the new company, would that get around the problem?

You then end up in deeper trouble with the Inland Revenue under IR35.

cazziebo

I used to work in IT recruitment. These clauses are legal - although difficult to enforce.

The most likely thing that will happen is that your current employers will try to get an introduction fee from the client company - and this is very probably written into their contract from them. If they are parting company then there is little likelihood of them wanting to preserve the relationship which is the most usual reason for not pursuing.

Watch you don't become a pawn here - do what's best for you and make sure that any deal is a good one.

ecclesto

Can somebody please help? Came back off hols early this morning to find my son has been told his ex boss is taking him for breach of contract. He left 2 months ago to be self employed and is doing work for one of his old bosses clients! He did not sign any contract ( he worked for 10 months for them and had to give 3 months notice), wasn't aware of anything to say he had to wait 6 months to do work for old clients and he was approached by them! Son now made appointment to see lawyer but is it worth it!! Surely if he did not sign contract his old boss cannot take him to court.

My weeks holiday of de-stress has now all gone and I am a harrassed mum once more.

LittleVoice

Hi, eccleso

Pity you had to come back from holiday to find the situation you describe.

Though your son may not have "signed" a contract, employment contracts do not have to be in writing in terms of being signed by both parties. However, if this type of restriction is included in the contract it does need to have been notified to your son during the term of his employment. They would have to prove that this happened. Did he sign any acknowledgement of receiving his written T&C? If so, have a look at the T&C to see whether the restriction was included in the document he received.

ecclesto

Ecclesto son:
I have never received a copy of the contract to look over (until he sent it me via email to say I was breaking the contact!). He put a contract under my nose during the interview perhaps and again when he notified me of my three month notice period (I thought it was one), but never to have a look at properly.
I acknowledged the offer of employment but never the contract since I've never had a copy of the contract to read.