What will happen

[Trudy1980]

Hi I am after some advice really as I'm so scared.

I started a new job in September it was a totally different job than I was used too but in the sector I have worked in for the past 15 years.


The role involved me mainly working from home I was provided with a laptop phone and van and could work from the office if I wished but as I was the only one in the office this made no difference

In my time with the company I secured a large number of new contracts and was bringing a LOT of business in.

Over Christmas I decided the role wasn't for me as I was getting really down being alone and not talking to anyone for days. On the 30th Dec I went for drinks with my old employers (who I am very good friends with and always see them in my social life) they offered me a bigger better role if I returned.

My boss was abroad but I asked to meet with him on the 1st January. In this meeting I handed my notice in and agreed to work my notice.

The next morning I received an email telling me to switch off my phone and laptop and return in the morning with the van.

The next day I done this but had no idea if I was employed or not so emailed him. He replied saying he was going to talk to a solicitor.

A few emails went back and forth he said I have broken lots of clauses in my contract and non disclosure document. The points he is relating to is

1. In my contract it states I shall not seek a new job opertunity without written concent from him first

2. In my non disclosure state I can not work for another company in the same sector until September 2022 (they have obviously typed the wrong date) all the other clauses in this document are dated 2040 (I will be 60) surley this can not be legal it would affect my right to earn a living as the sector is what I know.

He also stated I arrived an hour late to return van and sent me a screen shot time stamped from the cctv. This is a staged photo as I replied with a screen shit proving I was in an uber 50 mins before.

He is just getting very nasty not answering any questions I am asking etc...

I am just wondering what is likely to happen and what is the worst that can happen as I'm not sleeping I have a family to support

Thank you

[Trudy1980]

Sorry should be screen shot (auto correct)

[atticus]

1. is not enforceable.

2. Well, in my view, the error is their problem. Can you please quote the full clause so that people can offer opinions on it.

If I were you I would start the new job as quickly as you can.

The employer you are leaving may take action, but let him first of all be advised about the difficulties and cost of doing so.

[Trudy1980]

Thank you so much for replying

The statement reads

Other than through employment with a bona-fide independent party, or with the express written concent of the employer, which will not be unreasonably, withheld, the employee will not, from the date of this agreement until 08/09/2022 be directly or indirectly involved with a business which is in direct competition with the particular business line of the employer that the employee was working during any time in the last year of retainer with the employer.

My boss is stating that the company I want to join is in direct competition yes they are both in the same field but both provide totally different services.

He keeps refereeing to my contract which states I just have written concent from him before seeking any work.

He is being quite mean and I know he will want to push this as far as he can.

The new employer is happy for me to wait 4 weeks just to be on the safe side.

For your information the date on the document that the above statement is taken from is the 12th September 2022 so 100% a typo

[Trudy1980]

Just to add I have told him via email that the companies are not in competition and that not allowing me to talk to any contacts until 2040 seems rediculas.

He just keeps saying he will talk to his solicitor. If I do go ahead with my new job after 4 weeks (which I have to do to feed my family) what can he do? I ha e never been to court and have no money for legal help and do not claim any benefits so would not qualify for free help.

I'm also owed quite a bit of commission which I can see him with holding as he keeps stating that the laptop phone and van lease cost him £8000 all of these items have been returned in clean working order

[atticus]

That clause is really badly drafted - from the employer's point of view. What date does the employer say should be specified?

I really cannot see that clause being upheld against you. I wonder what ULA thinks.

[Trudy1980]

He is saying 2040 as the rest of the document. Do you think I will be okay?? In all of my working life I have never experienced anything like this. Yes I was silly to sign the documents but you join a company and are really excited to start and just skim documents (I think I have learnt my lesson)

[atticus]

If he says 2040, he will be laughed out of court. Get him to put the 2040 in writing!

The point is that these clauses are void as being "in restraint of trade" unless the restriction is no greater than is reasonably necessary to protect the employer's legitimate business interests. 6 months, maybe 1 year might be realistic, but 18 years - forget it.

[ULA]

Sorry to join the thread a little late - thanks for the tag @atticus.

"Other than through employment with a bona-fide independent party, or with the express written concent of the employer, which will not be unreasonably, withheld, the employee will not, from the date of this agreement until 08/09/2022 be directly or indirectly involved with a business which is in direct competition with the particular business line of the employer that the employee was working during any time in the last year of retainer with the employer."

So in this clause is your employer saying that 08/09/2022 should actually read 08/09/2040, or have I really misunderstood? You say other clauses refer to 2040 can you let me know what those are please?

[Trudy1980]

Hi ULA thank you very much for joining.

The clause is dated 08/09/2022 but the agreement was made on the 12/09/22 so i am guess this is a typo

I have attached a copy of the document

I have also copied the statement below from my contract this is the statement that he feels i am braking

The Company may amend your duties either on a temporary basis or permanent basis. You will be notified of any permanent change in writing. In addition to your normal duties, you may be required to undertake additional or other duties as necessary to meet the needs of the business. You agree to devote the whole of your time, attention and abilities during your hours of work to promote, develop and extend the Company’s business and interests. You may not without first obtaining the prior written consent of the Company accept hold and office or directly or indirectly be interested in any other trade business or occupation whilst working for the Company.

I am going out of my mind with worry and i think yo and atticus are angels for giving me adive thank you

[Trudy1980]

Please let me apologise for my spelling my keyboard keeps missing out letters (Sorry)

[atticus]

That clause does not require employer's consent to your seeking another job.

In my view this bully can be ignored.

[ULA]

Trudy1980 please try not to worry.

" You may not without first obtaining the prior written consent of the Company accept hold and office or directly or indirectly be interested in any other trade business or occupation whilst working for the Company."

My response to the above is if your boss is pinning his argument on this sentence then you would not be working for the Company as you have handed in your notice. This type of clause is usually related to holding positions of office such as being a director of another company whilst still employed, not related to you resigning and going to work elsewhere.

Any clauses that he wants to be effective up until 2040 are completely unenforceable and he would have a very difficult time convincing a solicitor let alone a judge to the contrary in my opinion. As atticus has said, that specific clause, where there is clearly a typo, would be good to get that confirmed from him in an email that is should state 2040 as per the other clauses that contain this date. This would allow for the written proof of how unenforceable such a clause would be.

[Trudy1980]

Thank you so much

[Trudy1980]

Sorry to re-open this case but there is progress.

Long story short I handed in my notice on the 1st Jan after 4 months employment. I was put on gardening leave and received correspondence from my employer saying he can take me to court as I signed a non disclaimer (all the clauses in the NDA stated that they were in place until 2040 (when I will be 40) details all higher up in thread.

On the 6th I received an email from my employer saying he is happy for me to leave early and employment ceased on the 6th Jan.

Today I received a letter from a lawyer (attached) asking me to provide details by next Monday do I need to do this? I feel very thretend now

Just to clarify from the attached Andy is a friend I have email proof that I was in contact with him long before joining Pro landscapes. I messaged Andy on the 7th saying I had left and he replied saying he invested in me not Pro landscapes.


As for Becky contacting Lawrence she liked a LinkedIn post by him nothing to do with me I didn't even know

As for losing him £16k per month? I secured him some very large contracts lasting 3 years plus paying £80k plus per month.

I have not disclosed details or contacted anyone else and have no intention


I would love to know what my next steps should be as do feel very bullied by him. Any advise will be amazing x