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    Good evening,
    Thank you for taking the time to read this I’d like some advice as to whether my employer can stop me starting my own business in their field.
    the terms of my contact state:
    20.1 During your employment you are likely to obtain trade secrets and confidential information and personal knowledge and influence over “Company Name” clients, customers and employees.
    As a result, you agree to observe the following restrictive covenants after the termination date:
    20.1.1
    You covenant that you will not for a period of:
    3 months - Part Time Employees
    6 months - Full Time Employees
    12 months - Full Time Senior Employees and Engineers
    from the termination date and within
    5 miles of vour base store - Part Time or Full time Employee
    10 miles of vour base store or area of work - All Engineers and Full time
    Senior Employees.
    on your own account or for or with any other person directly or indirectly carry on be engaged in any activity or business which is or is intended to be in competition with the business of “Company Name” which was carried on by “Company Name” at the termination date and with which you were concerned or connected at any time during the 12 months prior to the termination date.
    20.1.2
    You covenant that you will not for a period of between 3 and 12 months (as described in 20.1.1 above) from the termination date in competition with “Company Name” on your own behalf or for or with any other person directly or indirectly seek orders from or solicit the custom of “Company Name” clients.
    20.1.3
    You will not for a period of between 3 and 12 months (as described in 20.1.1 above) from the termination date in competition with “Company Name” on your own behalf or for or with any other person directly or indirectly deal or otherwise do business with “Company Name” clients.
    20.1.4
    You covenant that you will not for a period of between 3 and 12 months (as described in 20.1.1 above) from the termination date in competition with “Company Name” on our own behalf or for or with any other person directly or indirectly entice or try to entice away from any person who was at the
    termination date and/or anytime during the 12 months prior to the termination date a senior or key employee of “Company Name” and with whom you had worked closely at any time during that period.
    Before accepting any employment, fr as may be necessary to make it valid and effective.
    After the Termination Date, you will not without the consent of “Company Name” represent yourself still to be connected in any way with “Company Name”.
    The terms and conditions state my base of work is at head office 80+ miles away, where I intend to operate / however there is a store near where I live., does the above mean I can do so?
    Thank you
    Tags: None

  • #2
    Is there a definition of "base store" anywhere in your contract?

    What you have quoted suggests that "base store" can be only one location, and that other stores will not be your "base store".
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi, my “base store” is classed as my head office

      Comment


      • #4
        Doesn't that give you your answer?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          So even though there’s a store near to where I live because it’s not my base store I’m alright to do so?

          Comment


          • #6
            But don't forget 20.1.2 to 20.1.4, where the restrictions do not depend on the location of your base store.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Hi thank you for your help. So does this mean I’m able to start my own business and advertise immediately after leaving?

              Comment


              • #8
                As long as you comply with the restrictions in your current employment contract.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Can you explain the restrictions please?

                  Comment


                  • #10
                    I am going to assume you are a full time senior employee or engineer.

                    That being the case, for 12 months after termination of employment you may not:

                    (a) seek business of the company's clients;

                    (b) do business for the company's clients;

                    (c) poach staff.

                    This is additional to the geographical restriction discussed earlier.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment

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