Restrictive Covenant in Updated Terms and Conditions

sh856531

comeandgo wrote: »

I don't think this is enforceable. If the restriction was reasonable, i.e. No employer within 30 miles then that would be but to say the whole of the U.K. Is unreasonable. I think there is case law on this but can't remember it at the moment.

No - you're right - it very likely isn't enforceable - at least not for people in my role. The issue isn't one of enforceability. It's that by merely having that clause in the contract, they can scare future employers away simply by raising the threat of an injunction. That simple threat would likely be enough to make 90%+ of employers rescind a job offer. A future employer isn't going to spend a lot of time worrying about whether it's enforceable or not - they'd pull the offer and move on with their day...

MataNui

Broad terms like that are totally unenforcable. If you are for example a programmer then no company could put a term into a contract saying you are forbidden to look for work as a programmer anywhere else in the UK for x years.

Also thats probably not what your employer intends anyway. Most 'I.T.' companies work in specific sectors. So for example the company may write software for mechanical control systems, or utilities etc. Your employer would obviously not want you taking IP to a direct competitor in the same field. Unless you plan to do this then i doubt your employer would mention that contract term to you again.

Guest101

There is of course a downside for national companies with such clauses, they will struggle to attract talent to work for them.