How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50160
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

There I have been offered a new job with a company that

This answer was rated:

Hi there I have been offered a new job with a company that has merged with a client that we look after. We have no financial interest in this company and they have a registered address 100 miles away (Although I would be working in the local office where our client is) Our contract with the client expires in 2 months I'd be going to work for them in 3. My question is that I have a standard Non compete covenant do you know if I would be violating it with this decision?
How long have you worked there please?
Customer: replied 2 years ago.
3 Years in April
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. can i have a copy of the restriction please or the wording of the clause?
Customer: replied 2 years ago.
Hi Ben Attached is a pdf I received of my contract changes 2 years ago. It covers the only part of my contract that discusses the non compete clause
Thank you. Post-termination restrictive covenants, such as the ones here, are a rather common occurrence in employment relationships. An employer would want to protect their business from a departing employee's knowledge, business connections, influence over remaining staff, etc. However, a covenant that restricts an employee's post-termination activities will be automatically unenforceable for being in restraint of trade, unless the employer can show that it was there to protect a legitimate business interest and did so in a reasonable way. Legitimate business interests (LBIs) are commonly accepted to include:{C}· Goodwill (including supplier and customer connections){C}· Trade secrets and confidential information{C}· Stability of the workforce An employer cannot apply a restrictive covenant just to stop someone competing with their business, but it can seek to stop that person using or damaging their LBIs by using a reasonably drafted covenant. The only really relevant covenant here is Clause 4(1)(e) dealing with you not working for a customer with whom you had dealings before leaving and who is in competition with the employer. Non-competition covenants like this prevent an employee from working with a competing business or setting up to work in competition with their ex-employer. Such general restrictions are seen as a restraint of trade and will be difficult to enforce. They will only be seen as reasonable if in the process of working in competition, the employee uses trade secrets or sensitive confidential information belonging to their ex-employer, or their influence over clients is so great that such a restriction is necessary. The length of the restriction and its geographical coverage will also be relevant. If your move has no influence on the business they do with your ex-employer it is unlikely to be enforceable. As you can see there are no hard and fast rules on restrictive covenants. Whether a specific restriction is enforceable will always depend on the individual circumstances, the interest being protected and whether it has been reasonably drafted. The above principles are what the courts will consider when deciding whether a restriction is going to be legally enforceable. It should give you a good idea of what to look for in your situation and decide what the chances of this being pursued further are. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
5 stars seems good to me... Just to clarify my current company does remote IT support. I would be doing in house IT support for this company which has merged with our client which is in a different line of business and don't do anything like we do. The decision for our client to leave us was reached long before the purchasing company approached me to work there. No confidential information i know from my current company would be of interest to the new one. No loss of trade as the client was leaving anyway and no as its a different line of work no competition. Also I am going to offer my current company a 3 month period where i hand off to the next person to make sure that my departure won't damage the business (I am the only 3rd line engineer there presently). This all seems ok to you? As in it is ok to tell my current employer who i am going to work for? Thank you very much for your time.
Base don this I really cannot see how they can enforce such a restriction. You are not poaching the client away, exerting your influence on them to leave or provide a competing service which will damage the employer. This is what a restriction would usually be there for but in this case it all seems above board
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50160
Experience: Qualified Employment Solicitor
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Perfect thank you very much
You are welcome, all the best