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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Hi I currently work for a recruitment company and have handed

Resolved Question:

Hi I currently work for a recruitment company and have handed in my notice as I was offered a new job however I have now been offered another job for a competitor and my contract states I am unable to work for any other recruitment business and that my employer can take out a 6 month injunction if I do so. There is no radius given so this applies to the whole of the UK. The competitor is also my ex employer. Would I be able to join as it would be better for me as they are 15 minutes away from where I live but I don't want to have a legal pursuit on my hands. Thanks
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. Does this contract attempt to stop you from working as a recruitment consultant at all anywhere in the UK?

Customer: Hi I'm a recruitment resourcer so I don't do sales or have a client base. The contract states for 6 months from the termination date that she shall not be involved in any capacity with any business concern which is (or intends to be) in competition with any restricted business
taratill :

Hello what does a recruitment resourcer do?

Customer: I work alongside a sales person who liaises with clients to get jobs and I deal with candidates to fill the jobs
taratill :

Is your employer likely to suffer a financial loss if you go to work for a competitor (given that you do not have client contact?)

Customer: No they shouldn't do
taratill :

In that case there is really very little to worry about. It is highly unlikely that a contract drafted to prevent you working for a recruitment agency anywhere in the UK would hold up and be found to be enforceable in a court of law in any event. This is because they are only enforceable if they are drafted in a way which is no wider than necessary to protect a legitimate business interest. On the face of it this contract is not.

taratill :

In addition it would cost tens of thousands of pounds to enforce such a clause so, if the employer is not likely to lose a number of clients of a huge sum of money it is unlikely they would take action against you in the court.

taratill :

I would therefore say that you are safe to go without risk of a legal pursuit in the circumstances.

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.

Expert:  taratill replied 3 years ago.
Hello is there anything further you would like to know about this?
Customer: replied 3 years ago.
Thanks for this. As I am in my last week of my notice period could they say anything as I have sat there for 3 weeks as I had accepted a different position so could they do anything because I wasn't put on garden leave? They may think I have been taking information from the business which I most definitely haven't?
Expert:  taratill replied 3 years ago.
Hi if you haven't taken information then there is nothing they can do except for attempt to enforce the restrictive covenants. On the basis of what you have said these will be difficult to enforce.

All the best for your future job. I would be grateful if you would remember to rate my answer. Thank you and all the best.
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