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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1895
Experience:  Dual qualified Solicitor and Attorney
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I have just taken voluntary redundancy from a recruitment

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Hi, I have just taken voluntary redundancy from a recruitment business that I was in for 7 years. The company has made 3 of our consultants roles redundant and tried to force us into taken a new role that I didn't agree to so took redundancy. I have two job offers from Recruitment agencies and both have had legal advice re my restrictive covenant to not contact any of their clients within 6 months of commencing elsewhere and have been told that my restrictive covenant is null and void as I have been placed in a redundancy situation. Please can you advise if this restrictive covenant can still be enforced?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: ACAS said I would need legal advice but no not had any yet.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am now unemployed as took voluntary redundancy. I was an employee up to 31st October 2019 and no I do not belong to a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hi thank you for your message, in terms of restrictive covenants, in very general terms, courts do not like enforcing such clauses as they discourage competition between businesses. If your employer is looking to enforce your restrictive covenants, they will need to show that they are necessary to protect a legitimate business interest and that the clause itself is reasonable.

The term ‘reasonableness’ will depend on many factors but is mainly assessed in three ways:

the duration of the clause or how long it will affect the employee’s activities.
the limiting geographical area.
the specific duties/activities which are to be restricted.
The reasonableness of the clauses will be assessed at the time you entered employment and triggered the clause. This means that a tribunal, when assessing, does not have to consider the reason for you exiting the business, whether that is resignation, dismissal or in this case redundancy. Therefore, a restrictive covenant may still be enforceable if you have been dismissed or been made redundant. . I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

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