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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49865
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've got a new job offer can you please look into it

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Hello, I've got a new job offer can you please look into it for me.
few things I find disturbing. In particular restrictive covenants.
many thanks
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have the details please?
Customer: replied 1 year ago.
Hello, yes, many thanks for the quick response, in particular the paragraph which is worded like this:
"you shall not either during your employment or for a period of 6 months following termination of your employment be engaged in a similar capacity in any business, company or undertaking for whom you have carried out work on behalf of the Company in the 6 month period prior to termination of your employment or which carries on a business similar to that carried on by the Company and with whom you have had dealings during the period of 6 months prior to the termination of your employment."
Is it a non-compete?
many thanks
Are you likely to breach this clause?
Customer: replied 1 year ago.
I don't know what it means? I am trying to understand it....
Customer: replied 1 year ago.
Does it mean that I cant work in the similar role next 6 months after termination of the employment?
This is in effect a non-compete clause. It says that during your employment with them and for a period of 6 months after you finish, you cannot work in a similar role for a company which you had involvement with through your current employer in the 6 months before your job ended. So it does not mean you cannot work in a similar role anywhere, just not for clients of your current employer and only applies to clients with which you have had dealings in the last 6 months before leaving this employer. 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 1 year ago.
thank you, ***** ***** thinking i understood it the same. Can I ask you advice please? Is it possible before I sign it to negotiate the timing maybe so lets say can I ask them to limit it to 3 month or remove it altogether? how to do it?
Customer: replied 1 year ago.
It is a medium size company and my understanding is that they have many clients so it's likely that I will be very limited with choice if I go.
To be honest you re better off just accepting this as it is and working n the assumption that these clauses are there just as a deterrent and often not pursued by employers or not even enforceable. I can discuss the law on restrictive covenants in more detail but please remember to rate my response so far first, many thanks
Ben Jones and other Employment Law Specialists are ready to help you
Thank you. Post-termination restrictive covenants 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. Non-competition covenants 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. So if you are just working for these clients, even in a similar role as you are now, but are just minding your own business and not using any trade secrets, client information, confidential information etc then it is unlikely they can stop you working for them.