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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I have a general query relating to a contract of employment.

Resolved Question:

I have a general query relating to a contract of employment. The only details I have are those shown below.

One of my friends works for an english firm in the middle east as a financial services consultant. he says that his contract is subject to UK law, and that he has been unfairly dismissed...

The contract contains a restrictive covenant whereby existing clients cannot be contacted for a period of 12 months after leaving the firm. My friend says that in view of the "unfair dismissal" the covenant might as well "be written on loo roll".

Is this correct? My view is that if my friend starts to contact existing clients and taken them to his new firm then this could lead to a counter claim by the firm.

Your thoughts?

Best regards
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. In what way was he unfairly dismissed?

Customer:

Hi Ben, that I do not know and am seeking to find out

Ben Jones :

ok on the basic facts I can advise that he needs to be careful about making such claims because a finding of unfair dismissal would not necessarily mean that the restrictions are no longer valid. This would only be the case if the employer has breached the contract and in turn has made it void and unenforceable. But an unfair dismissal does not equal breach of contract. It could do, depending on what happened, but if it was just a procedural fairness issue that did not go on to breach the terms of the contract, the contract can still remain in place and be valid regardless of the dismissal being unfair. So he can only claim that the restrictions are no longer in force if he can show that the employer had breached the contract first, which in turn could make the full contract void, including the restrictions within it

Customer:

Thanks Ben - clear as always!

Ben Jones :

You are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45286
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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