Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
What are you trying to enforce under that contract?
My contract states that I can not work within my field of work within 6 months of not working for the company
Did they terminate your contract as they should have, by paying you redundancy, notice, etc?
The contract itself would no longer apply and once the employment has terminated so would the contract. However, the restrictions are designed to operate after the termination of the contract - these are post-termination restrictions so even if the remainder of the contract no longer applies, these will continue to apply until their specific period of duration expires, for example 6 months in this case.
Saying that, it does not mean that these restriction will be legally enforceable.
Often you will find that they are too restrictive and breach the right of free trade and for employees to earn an honest living
They will only be valid and enforceable if the employer can show that they are there to protect a legitimate business interest
the business is closed
For example poaching of staff or clients, using trade secrets, confidential information, etc - all can be protected by such restrictions
Simply working for a competitor is unlikely to be a legitimate reason to prevent you from doing so and apply these restrictions
Also if the business is closed and no longer exists then there would be no one to challenge you over an attempted breach of these restrictions
The contract was between you and the company, if the company no longer exists then they cannot pursue you. The directors can't enforce a contract they were not a party to
the company, assuming it was a limited company, would be the party to the contract and that is a separate legal entity to the directors or shareholders
ok thank you very much.
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