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 JGM Your Own Question
JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11753
Experience:  30 years experience as a solicitor.
31090051
Type Your Employment Law Question Here...
JGM is online now

Hi, I am changing jobs to a competing business . There is a

Resolved Question:

Hi, I am changing jobs to a competing business . There is a 6 month non compete clause about not joining a competitive business that lasts for 6 months from the period of termination but there is another clause that says if put on gardening leave that period counts towards the 6 month count down. My existing company are willing to let me start after my gardening leave ( 3 months) but have then said they expect me not to work in a direct competing area for 6 months after starting with my new company. Doing this for 3 months after starting not a problem with my new job but I am wondering if this can be construed as a restriction of trade by asking me not to do what my area of expertise is for an additional 3 months after joining taking into consideration the clause.
Submitted: 3 years ago.
Category: Employment Law
Expert:  JGM replied 3 years ago.
I agree with you. If your contract says that the six month period commences from the start of your garden leave I can't see the legal basis for them insisting on a further three months.
Restrictive covenants are construed strictly because they are restrictive so I don't consoder that your current employer can change the goalposts in this way. That is what they seek to do if I am reading your narrative correctly.
Happy to discuss further.
Customer: replied 3 years ago.

Thanks the only thing here though which I am unclear about the legality ( although I did sign the document 3 years ago) is that I am joining a directly competitive business so in theory they could try and prevent me from working for another 3 months if this starts turning out acrimonious ! Is that actually enforceable?

Expert:  JGM replied 3 years ago.
Your existing company can only insist that you don't work in competition for your three months garden leave and three months from starting with your new company, that being the total of six months provided for in th contract.
JGM and other Employment Law Specialists are ready to help you