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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74476
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have some post termination covenants in my current

This answer was rated:

I have some post termination covenants in my current contract that restrict me working with current customers etc for 3 months. I have been offered a position verbally by a customer and want to have something in writing that wont contravene the covenants but will give me some reassurance that in 3 months a full contract will be forthcoming. Can it be a letter of intent or similar? I copy th covenants below18 POST TERMINATION COVENANTS18.1 The Employee shall not at any time within three months after the termination of the Employment:18.1.1 Either on his/her own account or for any person, firm or company, directly or indirectly, carry on or be engaged, concerned or interested in carrying on within the United Kingdom any trade or business which is wholly or partly in competition with the business carried on by the Company;18.1.2 Either on his/her own account or for any person, firm or company, directly or indirectly within the United Kingdom provide any technical commercial or professional advice to any business concern which is wholly or partly in competition with the business carried on by the Company.PROVIDED that nothing in this clause 18.1 shall restrain the Employee from engaging in or accepting employment with any person, firm or company where the Employee’s duties or work shall relate to goods, services or materials of a kind or nature with which the Employee was not concerned to a material extent during the period of one year prior to the termination of the Employment.18.2 In addition to his/her implied duty of good faith, the Employee shall not (subject to clause 18.3) either in contemplation of termination or the Employment or within a three month period after such termination (or if earlier, within three months of the Employee ceasing to work for the Company pursuant to clause 17.2) whether on his own account or on behalf of any other person, firm or company:18.2.1 solicit, or18.2.2 receive orders from; or18.2.3 otherwise deal with;any person, firm or company who at any time during the last 12 months of the Employment was:18.2.4 a customer or client of the Company with whom the Employee has dealt; or18.2.5 a supplier of the Company with whom the Employee has dealt; or18.2.6 an agent of the Company; or18.2.7 a distributor of the Company; or18.2.8 otherwise in the habit of dealing with the Company; or18.2.9 an employee and/or independent contractor of the Companyand this clause 18.2 shall operate on the footing that the restrictions imposed by it in relation to the sub-paragraphs 18.2.1 to 18.2.9 inclusive shall be severable so as to have effect as separate and distinct restrictions imposed on the Employee in relation to each sub-paragraph.18.3 Nothing in clause 18.2 shall (or shall be construed so as to) restrict the Employee from soliciting, receiving orders or having dealings in relation to any goods, materials, service, trade or business with which the Company was not concerned during the period of three month before the termination of the Employment (or, if earlier, within three months before the Employee ceased working for the Company pursuant to clause 17.2).18.4 The Employee shall not for a period of 12 months form the date of termination of the Employment howsoever caused (or, if earlier), within 12 months from the date when the Employee ceased working for the Company pursuant to clause 17.2 either on his own account or otherwise directly or indirectly solicit or endeavour to entice away or offer employment to any person who at any time during a period of one year prior to such termination (or, if earlier, within one year before the Employee ceased working for the Company pursuant to clause 17.2) was an employee of the Company or engaged by the Company on a self-employed basis).18.5 The parties agree that the covenants set out in clauses 18.1 to 18.4 inclusive above are separate and are severable and enforceable accordingly and whilst the restrictions are considered by the parties to be reasonable in all the circumstances at the date of this Contract, it is acknowledged that if any of such clauses should be invalid in whole or part, whether because of changed or unforeseen circumstances or any other reason but such clauses should be adjudged to be valid or effective if part of the clause or clauses were deleted, then the same shall apply with such modifications as are necessary.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer?

Customer: replied 1 year ago.
8 years

Many thanks for your patience. What you can do is just have a formal and unconditional offer of employment from them, with a start date 3+ months away. That way you will basically have a legally binding contract, which has a defined start date and which gives you that peace of mind that if they do not honour it you will have rights to challenge them under breach of contract.

Does this answer your query?

Customer: replied 1 year ago.
Thanks Ben much appreciated

All the best

Ben Jones and other Employment Law Specialists are ready to help you