Dear Ben could you give this the once over for me please?
I am replying to your letter dated 22/05/2013, with regards to your client USAY Compare.
In response to your 2 claims of breach of contract;
1 - Whilst I understand it is common for employers to want to protect their business interests from unfair competition by current and ex-employees, I understand that at the same time it is in the public interest to ensure that employees are free to move between employers and use their skills, knowledge and experience in a new setting.
Whilst employers try and impose certain restrictions on their employees, under the doctrine of restraint of trade, any contractual term which seeks to restrict an individual's freedom to work for others or carry out his trade or business is illegal and unenforceable. The exception is when the employer can show it has a legitimate business interest that requires protection, however as detailed above I refute this claim.
2 - Firstly I have never tried to mislead anyone with regards to my intentions. I did relocate to Worcester as should be obvious from my postal address. I also stated I was looking for work more locally, which I did. Cheltenham to Worcester is half the distance of Cirencester to Worcester. Also, if I was trying to mislead USAY I would not have given my current employer authorisation to obtain a reference. I would also like to point out that at USAY I was not privy to any "trade secrets" and did not hold any position of authority or influence. I merely had access to the information to necessitate my daily duties. I have not and would ever partake in activities that were dishonest or harmful towards any individual or company. I have not contacted or encouraged any of the previous clients I sold to at USAY to move with me to my new company.
I believe that I am entitled to use my skills, knowledge and experience to earn a living and no employer can lawfully prevent me from doing this.
I trust this will be the last of the matter.