Held to ransom

[Deleted User]

Why did your wife sign a contract with that clause in it if she didn’t agree with it at the time? 

oh_really

What exactly does the term state? If its too wide in context it may be void, courts have held the covenant must be in respect of the employers specific interests. This may stand or fall on the wording.

sweetsand

Dear OP
Contracts are there for a reason and one of my children has worked for someone like that. As another stated its usally applied to people higher up the payscale and/or in a sensetive/sompetitve job where they get an insight how to set up competition agsint their ex employers. Uusally the contract states a distance as well.
IMHO the contract if done well will stand up in court.
Why not negotiate with the empyloeer?

HTH

Comms69

Keynesfun said:

AskAsk said:

no opinion needed.  this is simply a matter of contract law.  her employment contract stops her working for a competitor for 6 months after leaving the company, i have seen this at 12 months for senior staff.

they are not stopping her earning a living, she just can't work in the same field for a competitor until the 6 months have passed.

I guess maybe we thought it would be a paid thing stopping her
But do you think the new company would have to pay her even though she can’t legally work for them 
obs I can’t see that because Iv never heard it done 
what can we do about it 

No obviously not. She’s an adult who voluntarily signed the contract....

theoretica

I think union membership would be helpful here if she has it.

pmduk

MarkN88 said:

Why did your wife sign a contract with that clause in it if she didn’t agree with it at the time? 

Exactly, the time to argue this was before agreeing to it, not afterwards.

Smashingitnow

Hi

I disagree with some of the advice here. She has a human right to certain things (food, home). Depending on your wife's role it is firstly unlikely they will take this to court and a defence can be mounted on the grounds of reasonableness. Please don't be bullied or assume that the work contract will be deemed legal, reasonable etc.

KatrinaWaves

Smashingitnow said:

Hi

I disagree with some of the advice here. She has a human right to certain things (food, home). Depending on your wife's role it is firstly unlikely they will take this to court and a defence can be mounted on the grounds of reasonableness. Please don't be bullied or assume that the work contract will be deemed legal, reasonable etc.

Oh sorry I had no idea this contractual term was going to remove her home and prevent her eating. 

What a load of tosh. 

thebrexitunicorn

Keynesfun said:

Hello people my wife has just handed her notice in with her company she has to give 3 months notice 
she is going to work at a competitor in her field and her contract states Once you leave to work for a competitor you can’t work for 6 months 
now it looks like the company might hold her to this without pay 
she has a 12 year old daughter 
so they expecting her to not work and earn money for the period of time 
the company our willing to wait for her 
but this surely wouldn’t stand up in court if the need arises 
opinion plz 
Steve 

It depends. If such clauses are too general in scope e.g a wider geographical area than is reasonably required to protect the employer’s legitimate interests they may not be binding.   If they just do what’s’reasonable’ in the circumstances then they are more likely to be binding. An employment law solicitor will be able to give an opinion. 

Tealblue

Keynesfun said:

Hello people my wife has just handed her notice in with her company she has to give 3 months notice 
she is going to work at a competitor in her field and her contract states Once you leave to work for a competitor you can’t work for 6 months 
now it looks like the company might hold her to this without pay 
 

I rather doubt that is exactly what the contract says.