Non compete issues

[avguyuk]

Hi folks, I'm hoping for a little advice here, apologies for the length of the post, but there is a fair bit of detail!

Until March this year, I was employed by Company A, an electronics manufacturer.
I was employed in a customer facing technical role, training users, demonstrating products and troubleshooting customers projects.
I was not involved in product design, future developments etc.
I was there for 6 1/2 years, and left them in March.
They are a US company, their UK Contract has a very wide non compete clause, stating I cannot work for another manufacturer anywhere in the UK for 12 months after leaving.

I moved to company B in March, but its not working out.

I approached my old employer, but they had filled my old role, and couldn't bring me on board again.

I have now a job offer from company C. Another manufacturer, with a similar product range. They are also US based, I would work in the UK, in a technical role, showing a product range which my original employer does not compete with. It has only been 3-4 months since I left Company A.

I have been told that the original non compete is too vague to enforce, and as I have already been to a non competing employer, and I've offered myself back to employer A, that I should be OK.

Any thoughts or comments would be gratefully received.

Many thanks.

[charitynjw]

Re: Non compete issues

Only my opinion, but the vaguer the restrictive covenant, the more difficult it would be to enforce.

For example, in a recent High Court case*, the issues decided on were very specific, & indicate the high level of proof required by the previous employer in order to restrain trade.

* http://www.bailii.org/ew/cases/EWHC/QB/2013/1198.html

[Eloise01]

Re: Non compete issues

Unless there are sound business justifications (which generally only apply to senior or specialised positions) the 12 months and UK wide would almost certainly not be enforceable. But there is no such thing as a guarantee on such matters because only a court can decide if they asked to do so. Being with a non-comepting employer in the interim or offering yourself back is irrelevant - the only relevant matter is the enforceability of the clause. So the answer is probably not enforecable, but if you have any concerns at all on this you would need specialised legal advice - we cannot ever know weverything we need to know to be assured that the information provided is 100% correct or accurate.