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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 work for a recruitment agency in London , and I work

Resolved Question:

Hi,

I work for a recruitment agency in London , and I work 7 days a week for 13 hours, which is fine but dont have time for my family.

I recently got an opportunity from a head hunter for a better position with more benefits and less hours, which gives me more time with my family and i can save up a lot more for a house and start the next phase in my life.

One problem:


In my employment contract it states that i cant work for a competitor or anything similar for 6 months?

To be honest i think that is ridiculous because where else can i work? they are not as big as the recruitment firm that i work for, they are just starting up and the company i work for has been around for more than a decade nor are they competitors but it is in the same field of work.

Am i allowed to move to a new agency or will i be taken to court? I just saw this in the contract because they changed it recently and i was not aware (blame is on me, i know)

your advice and guidance is much appreciated.
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 any financial loss, by losing clients or contracts, if you do move to the competitor?

Customer:

hi, no they wont loose clients

Customer:

they will just move the accounts i handle to a differenet recruiter or account manager

Customer:

they are not a direct competitor , small recruitment firm, not as large as the one i work for now

taratill :

Ok I do not think you need to worry then. The basic position is that restrictive covenants are enforceable if they are drafted in a way in which they protect a legitmate business interest. If you go to a competitor, in breach of the covenants and the employer suffers a financial loss then the employer may chose to sue you for damages in breach of contract.

taratill :

They would only do so if they were going to suffer a significant financial loss. The reason for this is that it costs tens of thousands of pounds to bring proceedings of this nature.

taratill :

If there is no risk to them then they will not sue you.

Customer:

So if there is not risk or financial loss then its not illegal to move to a competitor? and they cant sue me?

taratill :

No it's not illegal for you to move. You are free to work wherever you like. The issue will be whether you are in breach of your contract by moving and whether you can be sued for damages. You cannot be sued for damages if there is no loss. On the basis of what you say the employer will not take action against you.

Customer:

thank you so much!

taratill :

If you need any further information please do ask. if i have answered your question I would be grateful if you would take the time to rate my answer.

taratill :

All the best in your new role.

Customer:

thanks i will

taratill and other Employment Law Specialists are ready to help you