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Noncompete clauses are enforceable but only in very limited circumstances. I can tell you now that a two-year noncompete clause would not be enforceable even if you had only signed the agreement last week. Three month would possibly be enforceable, six months also possibly and even 12 months probably not. 2 years certainly not. Even the three-month clause however is unlikely to be enforceable because it would stop you working nationwide. It was a 50 mile radius of something like that, there would be more chance of enforcing it.
It was a three month clause signed eight years ago it could potentially be enforceable now. If the company decide to take into court over this two-year clause, the court will not make the clause reasonable, it will simply strike it out.
They would be most unlikely to be able to enforce the clause. That doesn’t stop them threatening it and taking court action even though ultimately that court action may fail.
Can I clarify anything for you?
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There is no difference between a contract and an agreement legally. The words are interchangeable. In fact, quoting from the Dictionary of Law:
Contract: a legally binding agreement!
Many house purchase contracts are headed, “Agreement”. Correspondence is exchanged, “Subject to Contract”!
A case-by-case basis is in effect zero hours contract. No job, no work no payment.
I am glad to help.
Not in my opinion it wouldn’t. The fact that you may be contracted on an ad hoc basis doesn’t stop them having a noncompete clause in respect of the work that you do, just on the occasions that you do it.
I just think that the clause, as it is, is unenforceable, it’s not to do with the a zero hours contract.