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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer has given staff a rise conditional upon us signing

Resolved Question:

My employer has given staff a rise conditional upon us signing (and having witnessed) a deed of trust and confidence which is supplemental to our contract of employment. The deed seeks to restict our ability to have a material interest in a competing firm within a 100 mile radius of our office without written permission of the managing director for a period of twelve months from the date of termination of employment. We can also not approach any client of the firm for the same period.
The deed contains two pages of definitions and has clearly been drawn up by the firm's solicitors. I feel that I should not sign the document without having it looked at by a solicitor.
I would like to know if this is a legal procedure under UK employment law and what rights I have if I choose not to sign the document, and also if I can require my employer to recompense me for taking legal advice.

Many thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there please?

Customer:

Around 14 years, including the period transferred under TUPE when my firm was taken over by my current employer

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you



Customer:

Ok thanks

Ben Jones :

It is not uncommon for employers to want to restrict their employees’ activities post-termination, especially if there are genuine concerns about the employees posing a potential threat to the business. However, such clauses can often be unenforceable as they would be too restrictive and unreasonable in the eyes of the law. So even if one agrees to such clauses, they will not always be legal and it would be for the employer to pursue them and convince a court that they were reasonable and enforceable.


 


No one can force you to sign such a restriction but if you refused to do so then you may also not expect the employer to implement the rise which was conditional on you accepting these restrictions.


 


In terms of legal advice, you are entirely within your rights to ask the employer for some time to obtain legal advice before you make a decision, but you cannot legally request them to compensate you for obtaining such advice. If they wanted to they could agree making a contribution towards your legal costs but they are not in any way obliged to pay anything and making such a contribution would be entirely at their discretion.

Customer:

Thanks Ben. Does the fact that it is a deed give my employer any greater chance of enforcement in the courts?

Ben Jones :

Not in terms of enforceability as such, it does give them a longer period to take action - 12 years instead of 6, but one would expect an employer to take action sooner than 6 years from the date of a breach anyway

Customer:

Ben you've been really helpful and put my mind at ease. I'm very pleased with both the service and advice given and am more than happy to give you an excellent rating.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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