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Jenny
Jenny, Solicitor
Category: Law
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I have been offered a job by another company, which is good,

Resolved Question:

I have been offered a job by another company, which is good, and we have negotiated finacial terms to my satisfaction. I have just received the contract for the new job and there is a non- compete clause (15.3) that troubles me.
I feel would limit my opportunities for employment/ further my career/ income upon termination of employement.
This is a small company and I am not sure they could enforce such a clause if I was to leave to a competitor but I just wondered what the law in the UK says about such clauses. In 20 years+ working in my industry sector, I have never seen one. Can you recommend anything or help clarify if it is even possible to have such a clause in there without compensation?
Clause reads as follows:
"15 Post Termination: Working for Competitors
The Employee agrees that for a period of 6 months from the termination of his Employment he will
not:-
15.1 hold any material interest in any business which is or is likely to be in competition
with
the Employer.
15.2 hold any material interest in any business which may require or might reasonably be considered
by the Employer to require the disclosure of confidential information belonging to the Employer in
order to properly discharge his functions in such
business.
15.3 Accept employment or take any engagement, whether self-employed or otherwise and whether
directly or indirectly, from any competitor of the Employer which is likely to
adversely affect the business of the Employer."
Submitted: 11 months ago.
Category: Law
Expert:  Jenny replied 11 months ago.

Hi my name is ***** ***** I am happy to help you today.

Expert:  Jenny replied 11 months ago.

The basic position on restrictive covenants is that they can only be enforced if they are not more widely drafted than necessary to protect a legitimate business interest.

It is my view that these covenants are too widely drafted to enforce.

You could, of course, raise this with your employer but this might not be a good idea as they could redraft them to make them more enforceable.

If you have any further questions please ask. If I have answered your question please take the time to rate my answer. Thank you and all the best.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 11 months ago.

Hi Jenny

Thanks for your reply. I only sent you this clause. What would make the covenant more enforceable? Could there be more on one of the other clauses that could affect this?

Thanks and regards

Manuel

Expert:  Jenny replied 11 months ago.

Possibly, if you want to send me the rest of the clauses I will give you a view.

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