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Nicola-mod, Moderator
Category: Employment Law
Satisfied Customers: 21
Experience:  Moderator
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hello. Is question is for consideration by a UK Lawyer only

Customer Question

hello. Is question is for consideration by a UK Lawyer only please- Im a permanent UK resident & Im currently in the middle of considering a contracting offer from a company - which provides services to the same company as my current company ( same client ). My current company contract ( which i signed in mid 2010 in India) states that when i leave them - I cannot take up employment or enter into any type of business or commercial association with any of the company's clients or their associates for 2 years post leaving the job. [I intend to work for the same client via this new employer ]

Could you let me know 1> if there is any way i could join this new company without any leagal issues - 2> what implications would it have legally if I were to do this?
Submitted: 3 years ago.
Category: Employment Law
Expert:  UKSolicitorJA replied 3 years ago.

If your contract was signed in India, I assume it is under Indian law and if you are living in the UK now, there is not much the company can do now to stop you as you are not under Indian jurisdiction anymore.

Furthermore, you may argue that the restriction is not reasonable and therefore not enforceable against you under English law.

Hope this helps
Customer: replied 3 years ago.

Hi You have mentioned - 1> 'You are not under Indian Jurisdiction' - What is difference now if im permenantly settled in the UK - how are the uk employment laws in this scenario different? (the company does have a UK branch)


2> You mentioned ' the ristriction is not reasonable and therefore not enforcable' - could you please explain this point in more detail as i have not understood how we can say that this ristriction can be unreasonable


3> As i have asked in my original question - What would be the implications in case i decide to go ahead and join the other company.


Let me know in case any more details are required.

Expert:  Nicola-mod replied 3 years ago.

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.

Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.

I hope you will give JustAnswer a try again in the future,
Customer: replied 3 years ago.

Thanks for your msg. Kindly issue a refund . Thanks