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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am part of a franchise but the support is very bad. Part

Resolved Question:

I am part of a franchise but the support is very bad. Part of the agreement stats that if I leave the franchise I can not work in this industry for 12 months. Is this part of the agreement enforceable if I leave the franchise ?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

If you were to work in the industry how will that affect the current employer?

Customer:

The business is a care franchise. I would leave the franchise and set up doing th

Customer:

ethe same thing under a different name

Ben Jones :

is this a nationwide restriction?

Customer:

I think its just for the city I'm in

Ben Jones :

will you be using any information from the current franchise to act in competition with them?

Customer:

We might plagerise some paperwork

Customer:

There are only about 8 franchises, 1 has already left and 2 more want to leave and set up with me

Customer:

The franchisor has been very bad at providing support to everyone

Ben Jones :

Non-competition covenants prevent an employee from working with a competing business or setting up to work in competition with their ex-employer. Such general restrictions are seen as a restraint of trade and will be difficult to enforce. They will only be seen as reasonable if in the process of working in competition, you use trade secrets or sensitive confidential information belonging to their ex-employer, or their influence over clients is so great that such a restriction is necessary. The length of the restriction and its geographical coverage will also be relevant. The use f such restrictions is mainly used as a deterrent hoping that they will simply not go ahead and set up in competition. Saying that no one can predict how the other party will react and if they feel it is worth pursuing.


 


In your defence you can state that due to the very poor service offered by the company you treated the whole agreement as void and as such all its content would have been void too, including the restrictive covenants. That is if you are formally challenged by them in the future

Customer:

So I guess we need to send messages to head office telling them we are not pleased with his service

Ben Jones :

yes but you need to terminate the contract as a result of this

Customer:

Ok. Thank you for your answer. Thats what I thought but I wanted it confirmed.

Customer:

Thanks Ben

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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