Working for a previous employer

in_a_pickle_5

Hi, the business I work for was sold around 2 years ago. All staff were kept on. I would now like to leave and have an opportunity to work for my previous boss in their new business. But he has a business sales contract which says he can’t employ any former employees for 3 years. I have approached him for job, so he’s not poaching me as such. Would he still be in breach of contract? I don’t want to get caught up in any aggravation. 

General_Grant

Not actually seeing the contract but . . 

If it says he cannot employ former employees for 3 years, a period which does not expire for another year, then he cannot employ you without breaking that contract.

If it were as simple as a former employee approaching him to get round this restriction then anyone he wanted to employ could claim they had approached him and not the other way round.

in_a_pickle_5

General_Grant said:

Not actually seeing the contract but . . 

If it says he cannot employ former employees for 3 years, a period which does not expire for another year, then he cannot employ you without breaking that contract.

If it were as simple as a former employee approaching him to get round this restriction then anyone he wanted to employ could claim they had approached him and not the other way round.

Hmm, yes true. What if worked somewhere else first? (Legitimately)..,,, either way I don’t want to stay in my current employment 

General_Grant

in_a_pickle_5 said:

General_Grant said:

Not actually seeing the contract but . . 

If it says he cannot employ former employees for 3 years, a period which does not expire for another year, then he cannot employ you without breaking that contract.

If it were as simple as a former employee approaching him to get round this restriction then anyone he wanted to employ could claim they had approached him and not the other way round.

Hmm, yes true. What if worked somewhere else first? (Legitimately)..,,, either way I don’t want to stay in my current employment 

You would still be a former employee of your now current employer.

Sandtree

Its really one for him to look into and decide if he wants to run the risk or not rather than one for you to worry about.

Based on your basic explanation of the clause he cannot employ you until the 3 years are up however its not immediately obvious was damages the former employer would suffer to be able to claim anything for the breach unless the contract has a nominal figure stated.

TELLIT01

If the former employer is keen to employ the OP it really is up to them to find a way of doing it.  The OP is doing nothing wrong by applying, or taking a job with them.  That is assuming there is nothing in the employment contract forbidding them returning to a former employer.

in_a_pickle_5

TELLIT01 said:

If the former employer is keen to employ the OP it really is up to them to find a way of doing it.  The OP is doing nothing wrong by applying, or taking a job with them.  That is assuming there is nothing in the employment contract forbidding them returning to a former employer.

There’s nothing in my contract that prevents me from working for a competitor or former employer. I know I won’t be the one doing anything wrong. I’m only a bit reluctant to take the job because I don’t want to be caught up in any aggravation. I don’t know what exactly is in my former employers contract..maybe he thinks he has a way round it🤷‍♀️

Jillanddy

You can do anything you want - it isn't your contractual term. But assuming that it's enforceable as part of the terms of the sale, it would be very lucrative for your current employer to sue them, whereas a restrictive covenant against you would not. Are you ok with making a leap to an employer who may be bankrupt if they are sued - or who might be totally happy to sack you if threatened, leaving you unemployed? If that is all ok by you, then none of this is any of your business. If it isn't, perhaps you should look for a better job?

Slinky

If you worked for the employer via an employment agency would that get round the problem? One for your old employer to explore.

in_a_pickle_5

Jillanddy said:

You can do anything you want - it isn't your contractual term. But assuming that it's enforceable as part of the terms of the sale, it would be very lucrative for your current employer to sue them, whereas a restrictive covenant against you would not. Are you ok with making a leap to an employer who may be bankrupt if they are sued - or who might be totally happy to sack you if threatened, leaving you unemployed? If that is all ok by you, then none of this is any of your business. If it isn't, perhaps you should look for a better job?

I’m not ok with it which is why I’m very reluctant. But I want out of my current job, which is why I’m considering it. My current employers won’t make it easy for me to leave...it’s potentially a lot of hassle all round. Guess I need to give it serious thought 🤨

prowla

If you set up as a contractor limited company then he wouldn't be employing you, but rather engaging the services of your company.