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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, my partner has left her job and is seeking either to start

Customer Question

Hi, my partner has left her job and is seeking either to start up on her own or work for a competitor, i know of a convenient regarding the approach of their existing customers, but surely they cannot stop anyone pursuing a living in the industry they know best.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
What does the restrictive covenant say exactly?
Customer: replied 3 years ago.

As far as we are told, the restrictive covenant is on taking existing business/customers to which may cause any monetary or detrimental effect to her former employers current business, for a period of 6 months,which is all well and good,but they do not state a non compete clause in the contract, also no geographical limit is set out either.

so correct me if i'm wrong but under our current laws no company can stop any persons right to work or earn a living within this country and to provide for their family by trying to stop said person earning a living in what ever industry they perform their legal legitimate chosen role.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you,
My simple response would be that such clauses are generally void and unenforceable as being anti competitive and in restraint of trade.
However, that is not to say that such restrictions are not at all lawful, it depends on a case by case basis whether there is a genuine need to protect her ex employers legitimate business interests.
The employer would need to justify to the courts that it is a reasonable covenant and to protect a legitimate business interest.
However, of there is a non compete clause in the contract which is too wide as you say there is no geographical limit, it is unlikely to be enforceable in the courts.
I suggest you read this for further information:
May I help further?
Expert:  UKSolicitorJA replied 3 years ago.
More information here as well: