Freedom to Work

[Sam170582]

My brother worked in a tennis centre as a tennis coach. The boss got them to sign an agreement which had a clause in it which stated that if they left they couldn't work within 20 miles of the tennis centre. Four of them signed this agreement. One of them left the partnership as they called it to start up his own tennis academy which is within the 20 miles. He asked my brother to join him my brother said yes. The boss spoke to the person who left to start up his own academy call him person A, and told him that if my brother joins him they will take legal action against him invoking the 20 mile clause. So person A has now told my brother he can't work for him as he scared of legal action being taken against him. Now my brother is out of the job.

What I really want to do is take action against these people? Any advice will be welcomed. Has my brother got a case?

[ULA]

I presume your brother was one of the four and if so was what he signed a contract of employment with him being paid as an employee? Was this restrictive clause in that contract. It would be useful if you could post up the specific wording (please anonymise for identifying information names etc).

Did the person that has left to set up the new academy sign this agreement?

[Sam170582]

Below is what a lawyer said about contract,

I have had a look at this. What this is is a standard partnership deed, which appears to have been used in circumstances where it is not clear that there is a genuine partnership. As you identify, no capital is invested. It is more of a way to protect the interests of the managing partner. The restrictions are too onerous outside of a partnership.
It is very relevant that one of the other four coaches has left without any objection. I doubt he gave 6 months notice. If he didn't, he is still a partner. Also the already left partner could not work elsewhere without Oliver's consent. So there are good arguments that the Managing Partner is not acting in accordance with the Partnership Deed.
While the wording of the Partnership Deed impose onerous restrictions, I can come up with good arguments as to why they would not apply. I would need to consider it in more detail, but I do have a concern that, if Court proceedings were issued, there is a chance that Oliver might not succeed at Court. However, I consider the chances of there being Court proceedings to be extremely slim – commercially it is just not worthwhile.

Yes he signed it as well. The managing director had 3 months off and the contract stipulates that all partners are only allowed 2 weeks off. Also my brother signed the agreement under duress. He was told that this agreement was needed to lower the amount of VAT the tennis center was paying otherwise the tennis center would go under. Have I got a case and is it suitable to mcol?

[ULA]

What type of claim would your brother be wanting to make - loss of potential earnings?

Given the information from the lawyer would person A not reconsider the offer made to your brother?