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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49027
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello I would like to know if it is legitimate to apply for

This answer was rated:

Hello
I would like to know if it is legitimate to apply for a tender for a contract that is coming up.
My current employer has the contract at the moment, I do the most of the work for that contract and have been offered the opportunity of applying mysef when it comes up for review in a months time. it would be my intension to go self employed on gaining it. Or should I hand in my notice first?
Many thanks
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have a restriction in your contract that deals with this?
Customer:

Hello Ben,

Customer:

There is nothing in the contract that directly links to applying for a contract of work with other parties. It does state that we should not set up practice within a certain mile radius, this is clearly outside this radius.

Customer:

It also states we should not remove client data from the business. As they are asking publicly for tenders I could have got there information from anywhere/

Ben Jones :

Thanks and how long have you worked there for?

Customer:

2 years 3 months

Ben Jones :

Generally you would be restricted by specific contractual clauses which prevent your activities either during or after your employment relationship. The most common ones would be concerned with what you do after you leave but even though there is one in this case, you have mentioned that it would not be relevant to what you are planning on doing.

So the remaining concern is whether you should be doing anything whilst still employed by them. Technically you would not be prevented from submitting a tender for this work but the main issue is if you would be seen as acting in competition with your employer or affecting their business. Every employment contract has an implied term of trust and confidence which both employers and employees are expected to adhere to. This is a catch-all term which governs the general relationship and places a duty on both parties to act within this and preserve the trust and confidence between them.

If your actions are likely to affect the employer’s business, for example by taking away this job and losing them money, then you could be acting in breach of this term if you do this whilst still employed by them. In that case the safest option would be to terminate your employment with them first before going for the job. However, if there is going to be no direct effect on their business, in the absence of a specific restriction it could be acceptable for you to tender for this work, even whilst still employed by them.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Ok thank you, ***** ***** employer were to persue anything with me are they likely to win their cause?

Ben Jones :

well no one can predict the outcome of a hy formal legal action, there are so many factors that are to be taken into account that only once it has gone there and a decision made will anyone know. But they cannot do much apart from sack you in this case, assuming you do this whilst still employed by them. If you do not have a specific clause restricting these specific activities after you leave then there is little they can do in that respect

Customer:

Thank you

Ben Jones :

you are most welcome

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