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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I have given and worked my notice period after a few months

Customer Question

Hi, I have given and worked my notice period after a few months of work at the end of my probation period. I would like to start looking for a new job but I noticed that my contract with previous employer contains a no-compete clause for all the UK for three months after termination of the employment. If I receive a job offer from a competitor of my former employer within the three months, do I have to reject it?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. It would be foolish to turn down a good job offer. Accordingly, if you receive a job offer from a competitor within the three month window, simply delay your starting date until the three month non compete period is over. Then continue and start work. The clause is not infringed by merely agreeing to work in the future with a new employer. YOu must actually engage in work to breach the non compete clause.
Expert:  Buachaill replied 1 year ago.
2. So don't reject a job offer. Simply agree a starting date after the three month period is up. Then start work and there will be no issue with the non compete clause. Take a holiday, if necessary, before the new job starts.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Thank you, ***** ***** reply. What could be the implications if the job offer is conditional to the fact of starting work before the end of the no compete period?Thanks
Expert:  Buachaill replied 1 year ago.
4. Well, obviously, you breach the non-compete clause and leave yourself open to both an injunction preventing you working and an action in damages. It also won't look so well with your new employer.
Customer: replied 1 year ago.
Thanks
Expert:  Buachaill replied 1 year ago.
5. You are welcome.