Promotion at Work , no new letter or Contract change

Hodginio11

I have recently handed in my notice to leave my current company. I plan to move to a competitor but my employer is stating i have a non compete clause in my contract. Since being at the company, i have had a promotion with salary increase and responsibilities. At no time did i receive an offer letter, or a document of the role change / job description. In this case, an i right in thinking the original contract and its terms are void? Any help is appreciated. Thanks 

p00hsticks

No, I don't believe you are. 
There is no need for a contract to be in writing
The fact that you accepted the salary increase and the corresponding responsibilities doesn't necessarily negate all the other contract terms and conditions that were in the original contract. 

DullGreyGuy

No, the terms other than job title and salary would persist unless you were told they'd vary but promotions, if anything, tend to lead to stronger anti-compete clauses not weaker. 

400ixl

What is the non compete clause in your contract? It may make little difference to you taking the new role right up to non enforceable in reality.

Your original contract terms will in the majority still be valid, there may be some which have been superseded by a promotion (e.g. number of days holiday, length of notice etc) but the rest would still apply.

Undervalued

Hodginio11 said:

I have recently handed in my notice to leave my current company. I plan to move to a competitor but my employer is stating i have a non compete clause in my contract. Since being at the company, i have had a promotion with salary increase and responsibilities. At no time did i receive an offer letter, or a document of the role change / job description. In this case, an i right in thinking the original contract and its terms are void? Any help is appreciated. Thanks 

No.

A "contract" of employment is not simply a sheet of paper with the word contract on it. Nor is it set in stone and jobs inevitably evolve and change over time. Legally, a verbal agreement is just as valid as a written one although obviously harder to prove what was agreed.

Non compete clauses are complex and even if "agreed" to are not always enforceable. Equally, even if there is not a specific clause there is still a legal duty to act in good faith.

What specifically does the employer claim this "clause" says?