Employment legalities....

My sole experience of a clause restricting such a thing was a couple of people who left their old employee to start a new company in competition. Several others asked to join and did so.

The old employer took them to court on what many thought was a spurious claim.

The old employer won and ruined the two who left. This was around 2003 I think the claim was in excess of £250k and ended the new business before it got going.

Id take legal advice from someone who have oversight of the whole contract and full terms.

I’d tend to see on the side of caution with such things personally.

 

are you a union member? If so you should be able to access legal advice.

 

Leaving a big 4 retailer. Technically joining the wife in expanding her business, of which my current employer is aware as she too was an employee there up to a year ago.
It's a different business, no competition, other than for staff. Already had 3 of my staff express an interest in joining us as we do offer some better t&c's than my current employer at their level. So, business is in my wife's name, but it is clear they would be following me.
If required we can wait the 6 months.

 

No

 

Enlighten me please, by PM, if u prefer, Cheers

 

@exiled
Contractual restrictions like this are a very murky and grey area.
There is no set rule to advise easily.
But in answer to the questions if someone approaches you first you can still be deemed to have actively encouraged them or persuaded (I’ll be honest and be amazed if it actually says persuaded).
More often than not these covenants are not enforcible for the average employee however the exception can be if you are in a position of authority with access to sensitive info like prices etc.
So as an example in a cleaning company, someone who just cleans wouldn’t be stopped but a Sales Manager or someone who wins and sets up contracts could.

The best advise anyone on here can give you is like DWLC says is have the contract in its entirety looked at.

 

Yeah, it actually says "persuaded".
I've discovered who'll be taking my role when I leave, suffice to say, I won't need to do much persuading.

 

With the greatest respect to the company it doesn’t sound like it’s a very professional contract then, so might not be that tight anyway.
It’s not a lot of money to have the contract looked at TBH.

 

Yeah, it's a contract from '97, they'd not been in this country that long back then and admittedly were not too professional then, things have grown massively and improved now......slightly!

I'm sorting an appointment with an employment solicitor to go thru the things in this thread amongst others, always good to hear varying opinions tho.