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Category: Law
Satisfied Customers: 50
Experience:  Expert
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I have a question on a non compete, No, I'm employed and the

Customer Question

I have a question on a non compete
JA: Have you discussed the non-compete agreement with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm employed and the non compete is with my ex employer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
JA: OK. I'm sending you to a secure page to join JustAnswer. While you're filling out that form, I'll tell the Expert about your situation and then connect you two.
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
Hi - specifically I am based in Scotland. My previous employer was HQ'd in scotland. I changed roles internally and was issued with a new contract which included a non compete. I never signed this document. Is it enforceable?
Expert:  retireddebra replied 15 days ago.

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Expert:  retireddebra replied 15 days ago.

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

Expert:  retireddebra replied 15 days ago.

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Is your new employer in Canada or was this question placed on the wrong law list?

Customer: replied 15 days ago.
I think it has been placed in the wrong list. It is in the UK.
Expert:  retireddebra replied 15 days ago.

Oh dear.

I will ask the site to move this to the UK law list.


Expert:  DanielM311 replied 14 days ago.

Thank you for your enquiry. My name is ***** ***** I am a Solicitor. Ok, so firstly it is important to know that in the UK a non compete clause as you have mentioned is referred to as a post termination restrictive covenant. These clauses are contractual and highly enforceable, but it will depend on many factors such as the type of industry you are in and whether your employer is prepared to apply to court to enforce the terms of your contract. This is usually a costly and time consuming process so employers will have to think very carefully before taking this approach.

As an employee you are not obliged to accept any terms that you do not agree with, so you can challenge the need for a post termination restrictive covenant if you feel that it is overly restrictive. Remember that terms in employment contracts must be reasonable and your employer cannot impose overly onerous restrictions on you.

Failing to sign the agreement does not automatically make the term unenforceable. In the absence of a signature your employer can still apply to enforce the restrictive covenant by showing that you have implicitly agreed to the terms of the contract. For example, if you continue to work with the company for a period of time and comply with the other terms or fail to raise concerns about any terms in the contract then you may be considered to have given implied consent. Again, this will depend on how willing your employer is to enforce the terms of your contract.

My advice is to make any of your concerns known in writing and at the earliest possible opportunity. This way, if you were to leave and your employer was to make an attempt to enforce the terms of your contract you can show the court that you took steps to dispute the restrictive covenant.

Customer: replied 14 days ago.
Thanks. I have left and work for another company- an contact centre. I'm in sales. The issue is with me contacting a contact from my previous work. It wasn't my understanding that the contact was covered. They were never a client and never even part of the sales pipeline.One part in the contract is that they didn't stick to their side - it clearly stated about commission payments and I never got paid for new business brought in.Given the suggested breach will I receive a cease and desist?
Expert:  DanielM311 replied 14 days ago.

Thank you for your response. If your former employer has not contacted you already then it is unlikely you will receive a cease and desist (in the UK this is called an injunction). As I mentioned above, the onus is on your former employer to take action regarding any restrictive covenants in your contract.

Customer: replied 14 days ago.
Ok. I got a text message saying they were going to. So this will be an injuction?
Expert:  DanielM311 replied 14 days ago.

yes, a text message is a good indicator of their intention but as I have mentioned above this is a very costly and time consuming process so if I were you I would hold off taking any action until you receive any court paperwork. Many employers will threaten this course of action, but in reality a commercial decision will be taken and if the legal costs are likely to outweigh the actual cost of you breaching the term then they may decide not to take any action at all.