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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61718
Experience:  Qualified Solicitor
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I signed one contract of employment which contained

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Hello, I signed one contract of employment which contained covenants, worked for the company for 4 years, changed roles 3 times and had a company car on and off twice, never had to resign anything, is the original contract still binding?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no longer working for the company, now not on good terms, manager doesn’t have an answer and no lawyer yet.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, and no union unfortunately
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I Have had a legal letter about breaching the covenants hence why I’m questioning if the contract is legal, they’ve asked me to respond and I’m not sure how to respond to the letter

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.

Customer: replied 11 days ago.
Ok fab, thanks Ben, I’m Jodie

Have you now left this employment and if possible, please copy and paste the exact wording of the covenants you are referring to?

Customer: replied 11 days ago.
Yes I have now left, I will take a picture of the letter they attached the covenants to it

OK thanks

Customer: replied 11 days ago.
That’s the letter

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. The restrictions could potentially still be valid but the key is whether they are still considered reasonable, judging by the time when they were entered into. So if they were introduced years ago for a job which was completely different than what you do now, a court would look at how relevant they still are to your current job, based on what they were trying to protect back then, at the start.

 

Have a look at this case which deals with just this type of situation and it may provide more detail about your situation:

 

https://coffinmew.co.uk/reviewing-employees-restrictive-covenants-promotion/

 

Does this answer your query?

Customer: replied 10 days ago.
Hiya, thanks for the response, I have already read that case which is different to mine although very interesting, basically I may have broken the covenants stated in the contract that I sent to you, that wasn’t my question, my query is if my contract is still legally binding, I started as an administrator earning 13.5k in 2015 between the years of 2015 and 2019 I was promoted twice and I was given a company car on 2 occasions, once for a period of around 4/5 months and then for the last year of employment, my contract states I am an administrator this is what I signed, I have been led to believe any time there is a major charge such as position or company car benefit I should have had new terms and conditions to sign
Customer: replied 10 days ago.
I meant major change not charge sorry

Hi there, whether the original contract is still valid is a question only a court can answer. There is nothing specific in law which states that if there is a major change the whole contract becomes void. It is entirely possible for parts of the contract to continue with each change ad only the specific parts relating to the changes to be replaced. As you can see from that case, the contract did continue even thought he job had changed, the it was only a question of whether the restrictions in it are still enforceable taking into account what the changes were. Does this clarify things a bit more for you?

Customer: replied 9 days ago.
Yes that explains it much more clearly, thank you

All the best

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