right so is this the case even if you breach the covenants that they will not lose out financially?
Right so to be clear they will not lose contracts/ customers if you do this?
Ok do you have the wording of the restriction they seek to enforce?
Ok please leave this with me to read the clause and to consider your position. I will respond in full shortly after 9 am.
Ok thanks, ***** ***** just noticed that this is undertakings they now ask you to give, were there restrictive covenants in your employment contract as I will need to see those to answer.
Ok first thing you need to do is to get a copy of the contract to check that the words in the letter are the same as the ones in the contract. Do not sign anything until you see the original signed contract. If the letter is from a solicitor contact them and say you are not prepared to sign anything until you see the original contract.
On the face of it the restrictive covenant is only enforceable insorfar as it is no wider drafted than necessary to protect a legitimate business interest. If they will not lose contracts because the work you will be doing is different then they will not be enforceable. You should explain this and say you are prepared to go to court. It will cost them tens of thousands of pounds to take you to court. If they are not going to lose at least an equivalent sum they will not pursue you. They may be trying to call your bluff by asking you to sign restrictions which were not previously contained in your contract in any event.
You have mentioned that they were your contacts originally but this does not help you at all if you entered into restrictions freely.
Your best argument is that a) you are not competing and b) they will not suffer a loss.
Please let me know if there is anything further you would like to know.