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Yes they have, it was in writing. I have had a call with my current employer and said "I am under no obligation to answer however I can confirm that my decision to leave will not take business away from the company" which is true and they seemed happy with that. They admitted that they mentioned the clause as a way to retain me! I am just relieved that it now appears to be resolved.
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Brilliant, glad to hear this may all be sorted
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