Restrictive covenants in an employment contract

Hi

I am doing my own research but just gathering any additional thoughts please.

I have just been offered a really good job of the type I have been looking for for ages. The training looks great and the pay is not bad at all. One little snag is that there is a restrictive covenant, in the employment contract, that prohibits me from taking the same sort of job with a different organisation in the same geographical location for 9 months after leaving the new employer sometime in the future. To be honest it has taken the gloss off a bit.

Not sure if this is legal or not; that is one of the things I plan to investigate.

Caker wrote:Hi

I am doing my own research but just gathering any additional thoughts please.

I have just been offered a really good job of the type I have been looking for for ages. The training looks great and the pay is not bad at all. One little snag is that there is a restrictive covenant, in the employment contract, that prohibits me from taking the same sort of job with a different organisation in the same geographical location for 9 months after leaving the new employer sometime in the future. To be honest it has taken the gloss off a bit.

Not sure if this is legal or not; that is one of the things I plan to investigate.

You have just accepted a job and your employer has given you a contract containing post-termination restrictions. Do you have to agree to this?

No. You are entitled to tell your employer that you do not accept the covenants and ask them to either amend or remove the covenants altogether. However, post-termination covenants are a common feature of many contracts and, ultimately, your employer might not be prepared to alter them and your job offer could even be withdrawn

If you start work but do not wish to agree to the covenants, it is important that you tell your employer straightaway, preferably in writing. Otherwise, you will be regarded as having accepted them.

https://www.ms-solicitors.co.uk/employee/faqs-employees-guide-to-post-termination-restrictive-covenants/

Good luck Caker!

Thanks D.Appleby.

I have been looking into the employer and they look like a tiny company trying to look bigger. Not even sure they have the work that they told me I would be doing. They talk about me reimbursing them for a % towards some of the training they provide but they are not specific about the actual %. They are trying to rush me to complete but I am so suspicious now that I am going to take my time before I commit (if I actually do).

Hi Caker,

Just seen this post of yours and can say I've also come across this game and mostly with small companies or, when I did temp work for some shark of an agency.

They like to use it as a form of control dressed up as [we are so great you won't want to leave us any way . They do this as a [value your loyalty policy ] as we know is all bullshit. Nevertheless, if you took the job, I hope its all working out for you ?

Jobber

I went through the contract thoroughly. The work is through a company employing permanent staff and supplying them to a third party company. The restrictive covenant is to do with being poached by the third party company or setting up a similar business to the employer and then supplying staff to the third party company. I decided to risk it as it will give me the work experience and training to do a similar job elsewhere and hopefully closer to home. I am due to start next week.

As soon as a 3rd party involved always means someone somewhere making a buck before you even set foot in building, usual scenario being those agency sharks.

Good luck anyway Caker. Let us know how it goes when you can.

Just an update. Happy to report that I started the job and it seems to be going well. I take nothing for granted. I feel very lucky to be in this particular job.

Good luck with that.