Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. To answer your questions:
1. Whilst there is nothing stopping them from approaching the courts, they cannot just get ‘relief’ as they call it against you. There are a couple of options for them if they go to the courts – get an injunction preventing you from approaching clients, or pursue you for damages incurred as a result of you breaching the restrictions. You have not yet breached anything so they cannot really seek damages. As to an injunction these are only issued as a last resort, i.e. if it is clear that there is a reasonable restriction in lace and that your influence on the clients is so strong that there is a good chance they will leave because of you approaching them and it will seriously affect the employer’s business.
2. By you signing the letter now it will not make any difference because there is already a restriction in place. Signing it again now does not make it any stronger or make your position any weaker.
3. If they send these documents they may potentially be acting in breach of data protection by sending personal data about you to a third party without your consent.
As to the surname it would make no difference really if it is just an admin error.
This is your basic legal position. I have more detailed advice for you in terms of the laws on restrictive covenants and what the courts may look at when deciding if they are reasonable, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hi there, yes they are basically saying that you cannot work for a competitor, i.e. a company which Is either a restricted company as defined or in competition with the restricted business as defined) in the UK or Ireland for 6 months after termination. This is very unlikely to be enforceable as it basically prevents you from working for anyone in the UK considered a competitor and that would be way too wide to be a reasonable restriction.
The second part is a non-solicitation and again it is unlikely to be relevant if you are not actually acting in competition with the business of the employer.
By signing the letter you will not be giving permission for them to send this to the new employer, it looks like they specifically said they will only do so if you do not sign the letter. You may of course remind them that sending this without your explicit permission will be a data protection breach and that if necessary you will take the matter further if they do.
You are welcome, all the best
Hi there, I would just add a few words along these lines:
"Please note that by sending any personal information about me, including my contract of employment, to a third party without my permission would constitute a breach of data protection. I would like to put on record that I do not give you permission to do so".