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Employment contract query

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  • #1

    Employment contract query

    Hi,

    I'm reviewing the T&Cs for a new job.

    There's a clause saying I agree to not work for any company they are competing with for a specific period after termination of employment. I've not seen this in a contract before so I'm wondering what this would mean in practice? It's not a problem for me but I'm curious anyway.

    Cheers
    Tags: employment
  • #2
    Re: Employment contract query

    Hi GulDakat,

    This is a restraint of trade clause & is often abused.
    An ex-employee is usually free to go into competition with a former employer.

    In general terms, the more senior the job, the more it is applicable.

    Faccenda Chicken Ltd v Fowler [1986] is probably the precedent case.

    Kynixa Ltd v Hines [2008] shows the situation re seniority.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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