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So im currently in a dilema I am currently working for a property maintenance company im still on probabtion but i hate it so I have found another job happy days accept now a client of my current employer has said there is a position coming up with them to replace a production line engineer (different role to my current) and they want me to apply (role is there regardless of me applying) ,
the problem is in my contract im not supposed to do business with any clients for 12 months the other problem aswell is until the position becomes available in JAN they want me to come in as a self employed temp.
now im getting mixed reviews on this I approached a solicitor online who said il be fine as im not acting in direct competition but I also spoke to my union rep and he said I would.
so here are the sections relevent to my issue so if anyone has any input id greatly appreciate it
Restricted Customer"
any firm, company or person who, during the 12 months before Termination, was (a) a client or prospective client of the Company for whom you carried out any work or (b) in the habit of dealing with the Company or referring work or clients to the Company and in both (a) and (b) above, with whom You had contact or about whom You became aware or informed, in the course of your employment.
anyone employed by the Company or any other Group Company at the level of director; area manager; account manager; project manager; project engineer; service manager; office supervisor and site supervisor or above and with whom You dealt with in the 12 months before Termination in the course of your employment.
Post-Termination Restrictions
21.1 It is recognised that as a Services Engineer within the Company, you will have access to:
21.1.1 clients and referrers of clients;
21.1.2 confidential and potentially commercially sensitive information relating to those
clients and referrers;
21.1.3 suppliers and contractors who the Company work with;
21.1.4 financial plans, proposals and details of income or financial performance relating
to the Company, and
21.1.5 general documentation and other extraneous and/or sensitive and/or confidential
information.
21.2 Such information is regarded as the property of the Company and it is recognised by You
that the Company are entitled to protect that property.
21.3 It is recognised that you will be expected to work professionally with and for clients and
referrers of clients, therefore will build professional relationships with those individuals. It is recognised that you will be expected to work within a team and will build professional relationships with your colleagues. It is recognised that the Company are entitled to
protect those relationships with clients, referrers of clients and colleagues.
21.4 In order to protect the Confidential Information, trade secrets, clients and other business
connections of the Company to which You have access as a result of the Appointment, You covenant with the Company that You shall not:
21.4.1 for 12 months after Termination solicit or endeavour to entice away from the
Company the business or custom of a Restricted Customer with a view to providing goods or services to that Restricted Customer in competition with any Restricted Business; or
21.4.2 for 12 months after Termination in the course of any business concern which is in competition with any Restricted Business, offer to employ or engage or otherwise endeavour to entice away from the Company, or otherwise facilitate the employment or engagement of any Restricted Person, regardless of whether or not such person would be in breach of contract as a result of such employment or engagement; or
21.4.3 for 12 months after Termination, be involved with the provision of goods or services to (or otherwise have any business dealings with) any Restricted Customer in the course of any business concern which is in competition with any Restricted Business: or
21.4.4 at any time after Termination, represent yourself as connected with the Company in any Capacity, other than as a former employee, or use any registered business names or trading names associated with the Company.
21.5 If, at any time during your employment, two or more Restricted Persons have left their
employment, appointment or engagement with the Company to perform Restricted Business for a business concern which is, or intends to be, in competition with any Restricted Business, You will not at any time during the six months following the last date on which any of those Restricted Persons were employed or engaged by the Company, be employed or engaged in any way with that business concern under which You will perform Restricted Business on the behalf of that business concern.
21.6 None of the restrictions in clause 21.3 shall prevent You from holding an investment by
way of shares or other securities of not more than 5% of the total issued share capital of any company, whether or not it is listed or dealt in on a recognised stock exchange; or
21.7 The restrictions imposed on You by this clause 21 applies to You acting:
21.7.1 directly or indirectly; and
21.7.2 on your own behalf or on behalf of, or in conjunction with, any firm, company or person.
21.8 The periods for which the restrictions in clause 21.3 apply shall be reduced by any period
that You spend on Garden Leave immediately before Termination.
21.9 If You receive an offer to be involved in a business concern in any Capacity during the
Appointment, or before the expiry of the last of the covenants in this clause 21, You shall give the person making the offer a copy of this clause 21 and shall tell the Company the identity of that person as soon as possible after accepting the offer.
21.10 You have entered into the restrictions in this clause 21 having been advised to seek
separate legal advice.
21.11 Each of the restrictions in this clause 21 is intended to be separate and severable, If any of
the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.
21.12 If any court or arbiter determines that the periods for which the restrictions in clause 21.3
apply are excessive or go beyond what is regarded as reasonable and necessary to protect the legitimate business interests of the Company, and such a finding is not challenged or overturned upon appeal, then you acknowledge and agreed that the period of 12 months shall be held to be deleted from this clause and that there should be held to be substituted therefore the period of 6 months
the problem is in my contract im not supposed to do business with any clients for 12 months the other problem aswell is until the position becomes available in JAN they want me to come in as a self employed temp.
now im getting mixed reviews on this I approached a solicitor online who said il be fine as im not acting in direct competition but I also spoke to my union rep and he said I would.
so here are the sections relevent to my issue so if anyone has any input id greatly appreciate it
Restricted Customer"
any firm, company or person who, during the 12 months before Termination, was (a) a client or prospective client of the Company for whom you carried out any work or (b) in the habit of dealing with the Company or referring work or clients to the Company and in both (a) and (b) above, with whom You had contact or about whom You became aware or informed, in the course of your employment.
anyone employed by the Company or any other Group Company at the level of director; area manager; account manager; project manager; project engineer; service manager; office supervisor and site supervisor or above and with whom You dealt with in the 12 months before Termination in the course of your employment.
Post-Termination Restrictions
21.1 It is recognised that as a Services Engineer within the Company, you will have access to:
21.1.1 clients and referrers of clients;
21.1.2 confidential and potentially commercially sensitive information relating to those
clients and referrers;
21.1.3 suppliers and contractors who the Company work with;
21.1.4 financial plans, proposals and details of income or financial performance relating
to the Company, and
21.1.5 general documentation and other extraneous and/or sensitive and/or confidential
information.
21.2 Such information is regarded as the property of the Company and it is recognised by You
that the Company are entitled to protect that property.
21.3 It is recognised that you will be expected to work professionally with and for clients and
referrers of clients, therefore will build professional relationships with those individuals. It is recognised that you will be expected to work within a team and will build professional relationships with your colleagues. It is recognised that the Company are entitled to
protect those relationships with clients, referrers of clients and colleagues.
21.4 In order to protect the Confidential Information, trade secrets, clients and other business
connections of the Company to which You have access as a result of the Appointment, You covenant with the Company that You shall not:
21.4.1 for 12 months after Termination solicit or endeavour to entice away from the
Company the business or custom of a Restricted Customer with a view to providing goods or services to that Restricted Customer in competition with any Restricted Business; or
21.4.2 for 12 months after Termination in the course of any business concern which is in competition with any Restricted Business, offer to employ or engage or otherwise endeavour to entice away from the Company, or otherwise facilitate the employment or engagement of any Restricted Person, regardless of whether or not such person would be in breach of contract as a result of such employment or engagement; or
21.4.3 for 12 months after Termination, be involved with the provision of goods or services to (or otherwise have any business dealings with) any Restricted Customer in the course of any business concern which is in competition with any Restricted Business: or
21.4.4 at any time after Termination, represent yourself as connected with the Company in any Capacity, other than as a former employee, or use any registered business names or trading names associated with the Company.
21.5 If, at any time during your employment, two or more Restricted Persons have left their
employment, appointment or engagement with the Company to perform Restricted Business for a business concern which is, or intends to be, in competition with any Restricted Business, You will not at any time during the six months following the last date on which any of those Restricted Persons were employed or engaged by the Company, be employed or engaged in any way with that business concern under which You will perform Restricted Business on the behalf of that business concern.
21.6 None of the restrictions in clause 21.3 shall prevent You from holding an investment by
way of shares or other securities of not more than 5% of the total issued share capital of any company, whether or not it is listed or dealt in on a recognised stock exchange; or
21.7 The restrictions imposed on You by this clause 21 applies to You acting:
21.7.1 directly or indirectly; and
21.7.2 on your own behalf or on behalf of, or in conjunction with, any firm, company or person.
21.8 The periods for which the restrictions in clause 21.3 apply shall be reduced by any period
that You spend on Garden Leave immediately before Termination.
21.9 If You receive an offer to be involved in a business concern in any Capacity during the
Appointment, or before the expiry of the last of the covenants in this clause 21, You shall give the person making the offer a copy of this clause 21 and shall tell the Company the identity of that person as soon as possible after accepting the offer.
21.10 You have entered into the restrictions in this clause 21 having been advised to seek
separate legal advice.
21.11 Each of the restrictions in this clause 21 is intended to be separate and severable, If any of
the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.
21.12 If any court or arbiter determines that the periods for which the restrictions in clause 21.3
apply are excessive or go beyond what is regarded as reasonable and necessary to protect the legitimate business interests of the Company, and such a finding is not challenged or overturned upon appeal, then you acknowledge and agreed that the period of 12 months shall be held to be deleted from this clause and that there should be held to be substituted therefore the period of 6 months
