Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What is the clause trying to prevent you from doing exactly?
can you please direct me to the information you found from 2015 so I can check what you mean?
I just needed to see what exactly you were referring to. This law was aimed at preventing ‘exclusivity clauses’ in zero hours contracts, which prevent the worker from undertaking work for other employers, whilst employed in a zero hours contract. However, the aim of this law is to prevent this from happening whilst you are employed on that contract. This is not the case here – the contract will end and it is the post-termination clauses which you are dealing with. These are not covered by this law, it is not its aim to deal with post-termination restrictions, only with restrictions that apply to you whilst you are working for them. Therefore, the restrictive clauses can still apply to you.
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The following legal remedies are available to employers:
· Injunction – this order of the court would seek to stop the employee from doing certain things that would make them in breach of the restrictive covenant, such as not to contact certain clients, not to use certain confidential information or not to work for a specific competitor
· Damages - compensation for loses which have directly resulted from the breach of the covenants, although it would only be possible if such losses are identifiable
So it is not a defined penalty as such, it depends on how their business is affected by it and only a court can decide what, if anything, you have to pay. Sometimes these restrictions are not even enforceable and it would depend on the employer going to court before you are forced to do anything
I’m not sure I quite understand you’re last questions on can you please clarify?
thank you, ***** ***** sense. Generally, you will have to be careful if you do something to get the clients to leave your employer, but if they have done this entirely by themselves, it was their decision and you did not try and persuade them in any way, then it will make your case stronger for sure
you are welcome and all the best