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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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The below clause. Is it enforceable across all of the UK or

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Hi There, the below clause. Is it enforceable across all of the UK or just within a 25-mile radius of my former employer's offices?The Employee covenants that she shall not, for a period of 12 months from the Termination Date and within a radius of 25 miles of the principal place of business of the Employer, on her own account or for or with any other person (whether natural or legal), directly or indirectly carry on or be engaged in any activity or business that is or is intended to be in competition with the business of the Employer that was carried on by the Employer at the Termination Date and with which the Employee was concerned or connected at any time during the 3 months prior to the Termination Date.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long would the employee have worked for this employer for?

Customer: replied 1 month ago.
11 weeks
Customer: replied 1 month ago.
it was a permanent contract with a 3 month probationary period. I terminated the employment as the employer lied about their financial health and number of staff. As a sales rep this went against my core values of honesty and integrity in business. The firm expected these lies to be shared with clients in a bid to win business. Hardly a great start to the working relationship

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. I have looked at the clause in greater detail and it would appear that this will only apply within a 25-mile radius of the “principal place of business of the Employer”. So if they have a head office or a main place of business, it will only apply for a 25-mile radius from that location.

You also have the option of challenging the validity of the contract, based on what happened at the beginning. For example you can argue that they had breached the contract by inducing you into accepting the employment under false pretence, meaning that the contract may now be void anyway due to that. This would only be a potential issue if they go on to challenge you and try to enforce this restriction though, so save it in the bag in the event of a potential dispute in the future.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer: replied 1 month ago.
Thanks Ben for confirming my understanding of the legal jargon and for also confirming my suspicions regarding their on-boarding tactics and contract validity. Best, Lisa

you are welcome, all the best