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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My employer has stated in my contract that I cannot work with

Resolved Question:

My employer has stated in my contract that I cannot work with 5 miles of his establishment but has terminated my employment. I have an opportunity to work at another establishment 4 miles away, but not in the same role.

My first question: is he legally permitted to stop me from working where I want to, and secondly if he is what could he do to me?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Is your employer likely to suffer a financial loss if you take up this new job?

Customer:

No, I imagine the fact that he decided to let me go will cost him in the short term, not long term., but only because he will have to spend money to replace me.

taratill :

how long have you worked for this employer and is the 5 mile referred to in your contract of employment?

Customer:

Since april 8th 2013 and it is in the contract of employment. I only signed the contract via computer (a PDF document that allows you sign and return) not an actual hard copy.

taratill :

Ok no problem, to answer your question the clause in your contract is known as a restrictive covenant. They are not enforceable unless the employer can demonstrate that they are necessary to protect a legitimate business interest. The employer can only do that if they can show that they are likely to suffer a financial loss as a result of you breaching the clause. In addition to that it costs tens of thousands of pounds to enforce a breach of contract of this nature so even if they can show that they will lose money they will not sue you unless they will lose a lot of money. This does not appear to be the case here so I would say that you are safe to take up this employment.

taratill :

If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

thanks

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