Non-Compete Clause in Contract

[mcollins69]

Hi,

I have a non-complete clause in my contract.
It states that for the following 12 months I leave the business I cannot be employed by a business substantially similar or competitive with my current employer.

The sector I work in means that it is highly likely I would want to move to another organisation that delivers a similar service.

I am potentially in a position to move to a larger organisation. One that is national and international but delivers some of the same services as my current employer + a lot more.

I asked about this clause before signing my contract and was told it was just a deterrent and was to stop employees moving to partner organisations that the company works with (the business does a lot of sub contractor work with other large organisations).

I work in a support role in administration - nothing confidential in regards to the information I deal with or role I undertake

With that in mind - would this clause stop me moving to a larger organisation delivering similar business but on a larger scale (but not in any way partnered with my current employer) or would the fact I had clarification on this clause prior to signing the contract (defining as it does in the above quote) mean I have nothing to worry about (even if they chose to try and invoke the clause?

Hope that makes sense.

Thanks

[des8]

Re: Non-Compete Clause in Contract

Hi
Restrictive covenants such as you describe are really designed to stop poaching of clients/business by staff who leave.
It is expensive for an employer to try and enforce through the court, and in view of the brief details you give, unlikely that they would succeed in your case.
This is a subject we have discussed on LB in the past, and I suggest you you have a look at the threads below:

http://www.legalbeagles.info/forums/...ht=#post460948
http://www.legalbeagles.info/forums/...nts+employment
www.legalbeagles.info/forums/...nts+employment