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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 411
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I am an employer of a small business. Just want to ask if it

This answer was rated:

Good morning.
JA: Hi. How can I help?
Customer: I am an employer of a small business. Just want to ask if it legal to add a clause in the manager’s contract (who is a full time employee), as a conflict of interest/employment, to work in another place ? How can I add an exclusivity request?
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: no
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: Employee. She doesn’t belong to any union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

 

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

 

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer. However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Customer: replied 16 days ago.
I don’t want a phone call. Thank you

If you want to vary the terms of an existing employee's contract of employment, these variations must be expressly agreed between the parties, or the variation will be ineffective and unenforceable.

 

There is nothing inherently unreasonable or illegal about an exclusivity clause, so they are enforceable in employment contracts.

 

I recommend that you draft a revised version of the employee's contract of employment and highlight the changes and invite them to sign it once they have taken their own independent legal advice.

Customer: replied 16 days ago.
It is a new contract for a new employee.

In that case, ensure that the exclusivity clause is present in the new contract and there should be no problem.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

 

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

 

Kind regards

 

LawyerEd

Ed Turner and 3 other Employment Law Specialists are ready to help you