How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
73598664
Type Your Employment Law Question Here...
tdlawyer is online now

Hi there I have recently resigned from the job and I have

Resolved Question:

Hi there

I have recently resigned from the job and I have got the resignation acceptance letter
my question to you is if I want to work for another company who does the same trade can I work for them

also in my employment contract there was a confidentiality clause which says " all the information gained during this employment shall remain confidential during and after the employment "

Does this restrict me working for a competitor of my ex employer ?
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

hello tony

tdlawyer :

Hello!

Customer:

I have worked with a company which deals with providing accommodation to local authorities

Customer:

in march I have resigned from the company and in april I got a resignation acceptance letter

tdlawyer :

This type of clause will not of itself prevent you working for a competitor.

tdlawyer :

However, you sometimes have restrictive covenants, which aim to prevent you working for a competitor, usually for a limited timescale, like 6 months or so, and typically within a limited geographic area.

Customer:

you mean to say I can work for the competitor is it

tdlawyer :

If you don't have a clause saying you can't work for a competitor, then you can.

tdlawyer :

What you cannot do, however, where there is an effective confidentiality clause, is use confidential information belonging to your former employer to carry out that work.

tdlawyer :

So, for example, if you worked for Coca Cola and knew their secret recipe (confidential information), without restrictive covenants, you could still work for Pepsi instead, but you couldn't tell them the secret Coca Cola formula.

Customer:

it says like this " All information that is or has been acquired by you during or in yje course of your employment or has otherwise been acquired by you in confidence , All information that relates particular to our business or that of other person with whom we have dealing of any sort shall be confidential and ( save in the course of our business or as required by law ) you shall not at any time ,weather before or after the termination of your employment disclose such information to any person without our prior written consent "

tdlawyer :

Yes, that's a very familiar form of wording. It simply prevents you using confidential information. It does NOT stop you working for a competitor.

Customer:

like I said I use to work for a company who provides accommodation to local authorities

Customer:

does local authorities contact is confidential information ? I mean can I use this contacts for the business or no

tdlawyer :

What contacts? People that provide accommodation?

Customer:

we use to provide accommodations to temporary accommodation departments and all the housing officers knows me very well

Customer:

contact in councils like in housing departments and social service departments

tdlawyer :

But that's not confidential information, knowing who they are because you know each other well. It MIGHT be confidential information if you had to have a big list of their names and all contact details, but from what you're saying, you wouldn't need that anyway?

Customer:

yeah I know about 10 -15 housing officers in housing and social service departments of local councils who we use to deal with during my ex employment

tdlawyer :

Well, if you know them in your head and wish to deal with them in the future, this clause doesn't look like it will have that effect.

Customer:

can I get in touch with these officers in promoting business for new employer

tdlawyer :

Well, that clause you've mentioned doesn't seem to stop you doing that!

Customer:

my doubt was in this line " All information that relates particular to our business or that of other person with whom we have dealing of any sort shall be confidential

tdlawyer :

The clause says "... you shall not at any time... DISCLOSE such information to ..."

tdlawyer :

You're not doing that anyway. You just know the information, which in reality, means you know people in your line of work, and are continuing to engage with them.

tdlawyer :

I don't think you need to worry about this clause stopping you liaising with/dealing with these people. To be ultra-safe, you just don't disclose lists/details of people to third parties. But it doesn't stop you communicating with them for your new employer.

tdlawyer :

Does this answer your question?

Customer:

that means I can use this people for my new employers business

tdlawyer :

In the way I mentioned above, yes.

Customer:

thanks very much tony

Customer:

u have given me positive response it helped me a lot

tdlawyer :

You're welcome. Can I ask whether you're happy with the service today?

Customer:

yes I am

tdlawyer :

Great - have a fab weekend! Thank you!

Customer:

I have one more question to ask if you allow me

tdlawyer :

Sure, but I have to go now too ...

Customer:

ok a quick one

tdlawyer :

okay - a quickie

Customer:

can I start my own business in the same trade ?

tdlawyer :

I don't see why not, the clause you mention is about disclosing that information, and you're not going to be doing that, are you?

tdlawyer :

If you go and do the work yourself, you don't need to disclose it to anybody, you're doing it yourself.

Customer:

to be honest I could not able to figure out the difference between confidential information and local authority contacts

Customer:

I was thinking that local authority contacts was like confidential information

tdlawyer :

They could be, if in a structured list compiled in the course of employment - but not likely otherwise. And EVEN IF, it was in this case, you're not disclosing it!

Customer:

I don't have any list its just the people I know in various department

tdlawyer :

Then you're okay!

Customer:

Thanks tony

Customer:

have a good weekend

tdlawyer :

You too - thanks! Bye!

tdlawyer :

Please remember to rate the answer for me! Thanks!

tdlawyer and 2 other Employment Law Specialists are ready to help you

Related Employment Law Questions