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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ive been in recruitment for 10 years. Ive started with a

Resolved Question:

I've been in recruitment for 10 years. I've started with a new employer and have been here 5 months. They have now gotten around to a contract of employment and there is a non-compete clause in there. It restricts me from earning a living in my profession for 6 months if I ever leave the company. What should I do?
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. Is it a blanket restriction non working in the industry?

Customer:

HI Ben,

Customer:

Hi Ben, wording is as follows;

Customer:


  1. Non-Solicitation




The Employee covenants with the Company that he will not for the period of 6


months immediately following the termination of his employment under this Agreement without the prior written consent of the Company in connection with the carrying out of any business similar to or in competition with the business of recruitment on his own behalf or on behalf of any person, firm or company directly or indirectly :-


 


Seek to procure orders from or do business with any person, firm or company who have at any time during the 12 months immediately preceding such termination done business with or been customers or clients of the Company and with whom the Employee has had dealings or


 


Endeavour to entice away from the Company any employee who has at any time during the 12 months immediately preceding such termination be employed or engaged by the Company and with whom the Employee has worked at any time during the 12 months immediately preceding termination provided that nothing in this clause shall prohibit the seeking or procuring of orders or the doing of business not relating or similar to the business described above.


 




  1. Non-Competition




The Employee covenants with the Company that he will not within 1 mile of the offices of CDM Recruitment Limited and for the period of 6 months immediately following the termination of his employment under this Agreement without the prior written consent of the Company either alone or jointly with or as manager, agent, consultant or employee of any person, firm or company, directly or indirectly carry on or be engaged in any activity or business which shall be in competition with the business of recruitment and with which the Employee was involved during his employment with the Company.

Ben Jones :

ok seem to be standard clauses, is a mile too wide in your circumstances?

Customer:

No, that's not a concern. Does this contract prevent me from working in recruitment for 6 months if I leave?

Ben Jones :

No it does not, the first clause prevents you from soliciting existing or past clients of your employer (those that have been such in the preceding 12 months at least) whilst you are working in a competing business – so it is not a blanket restriction on working in the industry, but it just says that if you were to do so, then you cannot solicit these customers or employees.


 


The second clause is the non-compete clause which prevents you from working in a competing role within 1 mile of the employer. Again it is not a blanket restriction – it is restricted by distance.

Customer:

Okay, thanks for clearing that up.

Customer:

No further help needed thank you

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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