Post Termination Restrictions

Hi,

i have received a job offer from a new employer and am going through the contract. my role is a sales role for a specific set of services. the geographical limitation of my role is NOT defined in my contract but i have been told verbally it is across UK.

the post termination restrictions read like this:

" for 12 months after Termination be involved in any Capacity with any business concern which is ( or intends to be) in competition with any Restricted Business

be engaged or concerned in any business concern insofar as the Employee's duties or work shall relate solely to geographical areas where the business concern is not in competition with any Restricted Business"


Restricted Business - business conducted by my new employer.

there are many other clauses about not poaching staff from customers, the employer, not soliciting business from customers etc etc, but those are of less concern to me.

my understanding is that the clauses i have copied here do not hold water legally since there isnt a geographical restriction on them. the way the clauses are worded, its as if i cannot be employed by a competitor in the whole of UK!

please advise urgently.

With the proviso that I am telling you that you should take legal advice on the specific circumstances, it is unlikely that unless you have a very specialised role or are very senior, a restrictive covenant of this type is unlikely to be enforceable - the timescale plus the lack of a geographic limit would tend to indicate this as a restraint of trade. But if you have concerns then it would be foolish to rely solely on the advice given on a free website by someone with no knowledge of your job, role, or company - although people generally assume that they are not enforceable (and they often aren't), they may be!

thanks SarEL. pls see pm.

I shall not be responding further to this thread - nor to further unsolicited PM's. If you want legal advice - get a lawyer, as I told you to. It is audacity to think you can send people your contract and we will just review it for free. We provide advice and guidance - not a free legal service.

i fully expected to pay for the service. asking whether you could review the contract does not mean that i want it done for free.

in any case, thanks for the help. i can see why my message can be misinterpreted.

We do not use this site to tout for business - it is voluntary work that we do to support people, most of whom cannot afford legal fees.