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Help with covenants

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  • Help with covenants

    Hi 👋
    I have restrictive covenants in my employment contract.
    I know they can be declared to wide in geograph scope or time and it depends on the court to decide if these are deemed to be reasonable.
    I had a fairly low paid role and I was initially brought on just to do admin bits and call around to customers.
    Im now planning to start my own company and will not be taking any staff or poaching any of their clients!
    I wondered if this would be enough to keep the court happy should they wish to take legal action against me?

    My contract does state I am prohibited from contacting any clients or POTENTIAL clients or working for or competing with the business with any similar services.
    Surely this would be restraint of trade?
    Whilst working for this job (less than 1 years) I have received no bonus or benefits and have been forced to work unpaid overtime. However I don't want to affect their business in anyway.
    I have also noticed the company name on the contract which refers to the restrictive covenants is actually in the name of a ltd company which is dormant, which it has been for many years (prior to my start) and I am being paid and carrying out my duties under the sole Trading account. My point being as these are legal two separate companies surely this would mean I have not had any dealing with any potential or current customers as this company I have signed this with does not technically have any clients as it is not trading?
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  • #2
    Re: Help with covenants

    Are you working in a particularly specialist industry? How long is the restrictive covenant enforceable for and geographically how close to your current employer will you be setting up your business?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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