redundancy issues, do i go for unfair dismisal

[ILW]

Re: redundancy issues, do i go for unfair dismisal

If you found it in the company handbook - then it is unenforceable. A restrictive covenant must be signed. End of. Even then it is often not enforceable but that is moot - if you didn't sign it then it doesn't bind you. You may do whatever you wish.

I did sign for the company handbook to say id received it if that means anything Eloise, and it does say that that section makes up part of my terms and conditions, but i seem to recall seeing in the actuall contract i signed that no restrictive covenants apply?, i may be wrong on this ill have to check again when i get home. Does it look as though i may actually be able to approach my ex customers then? I know for a fact they would like to use me for there work as they are all very unhappy with the level of service they received via the company, not myself as the engineer but the invoicing side of things etc and found my managers to be very rude and unhelpfull, to be honest i was forever being provoked to start up by myself and do there work for them, this could be the silver lining iv been hopeing for .

Many thanks

Eloise

[Eloise01]

Re: redundancy issues, do i go for unfair dismisal

A restrictive covenant has a specific meaning in law and it must be in a specified written form and there must be a written agreement to the term. It may be incorporated in a "contract" of employment, but it cannot be incorporated into a staff handbook - signing for a handbook is not tyhe same as signing a restrictive covenant. You do need to be very careful that you haven't signed one at some point - not poaching clients would almost certainly be enforceable if you had signed one. So step carefully and check out what you have signed. But if you haven't signed then it isn't enforceable - that is an absoluite. The law permits no such agreement to exist if it isn't signed.

[ILW]

Re: redundancy issues, do i go for unfair dismisal

A restrictive covenant has a specific meaning in law and it must be in a specified written form and there must be a written agreement to the term. It may be incorporated in a "contract" of employment, but it cannot be incorporated into a staff handbook - signing for a handbook is not tyhe same as signing a restrictive covenant. You do need to be very careful that you haven't signed one at some point - not poaching clients would almost certainly be enforceable if you had signed one. So step carefully and check out what you have signed. But if you haven't signed then it isn't enforceable - that is an absoluite. The law permits no such agreement to exist if it isn't signed.

Hi Eloise, It was no collective agreements apply sorry not restrictive covenants. In the letter i signed it reads, that this letter will form part of my terms and conditions along with section 1 of the company handbook, and a set of employment particulars, i assume this means by signing the letter i have agreed to whatever is in section 1 of the handbook as it forms part of my terms and conditions?, Section 8 of my terms and conditions is POST TERMINATION RESTRICTIONS, there are 3 sections to this, the heading reads....

For 6 months after termination however arising directly or indirectly for your own benefit or for the benefit and/ or on behalf of any person, business or organisation.

A) solicit the custom of, deal with or provide goods, services, or products similar to those which the company offers to any person, firm or company who was at any time during the period of twelve months prior to the termination of your employment a customer of the company (whether or not introduced by you) and with whom you had contact or dealings whether directly or indirectly with on behalf of the company;

B)solicit the custom of, deal with or provide goods, services, or products similar to those which the company offers to any person, firm or company who was at any time during the period of twelve months prior to the termination of your employment a prospective customer who had been solicitated by the company and whom you had contact or dealings whether directly or indirectly with or on behalf of the company;

C)solicit, interfere with or endeavor to entice away from the company any person who is or team of people who are, at the date of your employment terminates employed by the company, (whether or not such person or team would commit a breach of the terms of their contract of employment by leaving the service of the company concerned) and with whom you had contact or dealing whether directly or indirectly with at any time during the period of tweleve months proior to termination of your employment or knowingly employ, contract with or assist in or procure the employment of services by any other person, firm or company of any such person.

You shall not at any time during or after the termination of your employment, use the name of the company or associated companies, or colourable imitation thereof likely to cause confusion in the minds of members of the public, or do or say anything harmfull to the reputation of the company or any associated company or wrongfully neglligently represent yourself as being employed by, or connected with the company or any associated company.

Sections a, b and c are sperate and indipendant obligations and are to be read and construed as such, and if any part thereof shall be invalid or unenforcable or void but would not be if some part of it were deleted or modified or variation as may be neccessary to make it valid and effective.

You agree that you shall draw the provisions of this section to the attention of any third party who may, at any time before or after the termination of the agreement, offer to engage you in any capacity, and for whom or with whom you intended to work during the period the covenants in this section are in force.


Is the above all legit and stops me?

Would you think it very risky for me to take on the work of previous customers? I would have to approach them to pass on my cards/packs etc, i feel my ex boss is very malicious so i can see him pursuing me if i did, its whether he can or not and if i can land myself in hot water for doing so i need to know i suppose.