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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49796
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I left my previous employer with a compromise agreement, I

Customer Question

I left my previous employer with a compromise agreement, I am in sales, and pretty much built from zero to £ 15 million per year a business stream for them. There concern, when I left was that I would go and work for a competitor, and go to all my old clients with an almost identical product, as such we drafted a clause to address their concern and still enable me to seek employment, as below....the key aspects being......clients WHO I HAD DIRECT CONTACT WITH and PRODUCTS and SERVICES that company offered when I left.

Clause 7.2 narrows the restrictions of clause 14.2 of the employment contract to those customers or clients of Jankel with whom I had direct contact with and operates only in relation to products and services supplied by the Employer at the termination date.

I now take almost 6 months to find a new job, they find out and send me a letter the same day reminding me of the Compromise Agreement missing out the DEALT WITH and PRODUCTS/ SERVICES aspect of what we had signed.......

The new company is in the same industry and is in the same product group [ special vehicles ], but it's actual products are not the same to my previous employer.....apart from one, which of course I have no intention of promoting, to stay within the terms of what I signed.

Questions :

What is the interpretation of product, is a dog the same as a cat as it is a pet ? Would a court look widely or narrowly at definition of I do intend going to my previous customers with a product that my former employer does not have, although still very much a vehicle.

5 months after trying to make me redundant on the basis of saving cost and removing a layer of management they then replace me....I discussed constructive dismissal with them as I would not accept a 40% pay cut, they get shot of me, then replace me and then send silly letters.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. In what way do they believe that your current activities breach the agreement?