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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44919
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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When I leave a job, do I have to tell my current employer who

Customer Question

When I leave a job, do I have to tell my current employer who the new employer is?
I am not in a sales role (I'm in an R&D Role) and I am moving to a competitor company. I have a non compete clause for existing customers which covers poaching sales, as well as an intellectual property clause which means that I can't reuse work that I have done in the future, but there is no clause which covers working for a competitor company and using skill that I have gained whilst at my current company.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have they said what would happen if you do not tell them?
Customer: replied 1 year ago.

Hi, no, I have not given them my notice yet but I am expecting them to ask who I am moving to. As it is a competitor, I would rather not tell them (they will find out anyway after I leave I'm sure). It would just avoid any awkward conversations before I leave.

What I really want to know is whether they can then make my life difficult if there is no clause in my contract saying that I cannot work for a competitor. (aside from the obvious of not breaching their intellectual property rights).

Expert:  Ben Jones replied 1 year ago.
There is nothing in law which would require you to disclose who the new employer is. Similarly there is nothing in law which gives your current employer the right to demand that. You would only be required to disclose that information if there was a specific clause in your contract requiring that. However, in the absence of such you are free to move to a new employer without having to disclose their identity to the current one. They may still be able to find that out eventually, such as through a reference request, word of mouth or their own research. However, they cannot force you to tell them.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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