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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have a question regarding retrospective restrictive convents. Having

Resolved Question:

I have a question regarding retrospective restrictive convents.


Having worked for 18 months as a sales director, I am currently serving my notice period and I have now been asked to sign a further "confidentiality agreement" that is intended to protect the companies Intellectual property.

I have no intention of using their IP (much of which is also in the public domain) or being in direct competition, however, I remain in the same industry and therefore there remains an overlap.

My present company provides iPads and software for conferences and events and I am about to move to a Smartphone App company (that provides Apps for exhibitions and events)...so on one hand there are similarities (ie technology for events) and on the other the delivery platform and method is different!

Is a retrospective restriction type agreement normal in these circumstances or should any such restrictions be in the original employment contract, and therefore I should not sign?

I appreciate that the reasonableness my depend on the wording specifically - but for the time being, you can anticipate that it is very woolly and 'all encompassing'.

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I would agree with the recruitment agent and you should not sign the confidentiality agreement at this point when you are considering moving to another business.

Any such restrictions should have been in your original employment contract and the fact that they are not there is their problem, not yours.

You should inform them that you have taken legal advice and are unable to sign the document.

Hope this helps
Customer: replied 3 years ago.
Thank you for the advice.

However,I am fearful that they will withhold wages and expense if I don't agree.

The company is having a few cash flow issues and have a history of none-payment of wages, expenses and notice period to "leavers".

By rights, these should be protected by employment law...but if they don't pay me correctly at the end of the month - what happens next?
Expert:  UKSolicitorJA replied 3 years ago.
They may not use that as leverage and if they do, you should file a court claim online at www.moneyclaim.gov.uk for your final dues.

You cannot be forced to sign a document which you do not wish to voluntarily sign and if you do so, you may claim later that the contract is not enforceable anyway as you signed under duress just so that you could get paid.

Hope this clarifies.
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