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I work in the recruitment industry and on 14th July 2014 I started working for a local independent that covered engineering, sales&marketinf, IT, office personnel, finance and hr.
I was the lead consultant for the Engineering division, managing 1 person. On 4th January I handed my notice in as we could not come to a flexible working arrangement agreement (I had an 11 month old baby and my morning commute was sometimes taking 2 hours).
Following an unsuccessful job search, I decided to set up on my own to recruit sales and marketing (this is the sector I was experienced in prior to joining the employer).
I have a number of restrictive covenants in place and have now had 3 pieces of communication from my employer around my obligations (one of them a solicitors letter stating that I am in breach of my covenants).
I must not work in competition with the business for a period of 6 months, up to 20 mile radius - I am 17.5 mile as the crow flies and 22 mike by road. This is one of the breaches.
I must not deal with any clients or prospective clients that I have been materially involved with, for 6 months. A client apparently called the office for me and when they realised I had left, said they would contact me on LinkedIn.
I must not deal with any candidates or prospective candidates that I have been materially involved with, for 6 months. I have spoken to a candidate that is registered with their sales and marketing division and they are stating this is a breach.
I am connected on LinkedIn to one of their clients and they are stating this is a breach. I have another agreement that that covers my LinkedIn connections and I had to delete in excess of 100, manually, already. Copies have been provided to them. The connection I have is actually the md's close personal friend, so he will be aware that I haven't contacted him.
I've now received a form of undertaking which they have asked me to sign by Monday, staring that I will not continue to trade in a 20mile radius and that all communications with their candidates and clients will cease until the end of my contract.
Firstly, I think this is some kind of joke and I'm beginning to feel a bit harassed by it all.
Do I have to sign the form of undertaking or engage in any way with their solicitor? I haven't done anything wrong. I am not going after their clients, nor am I dealing with any of them. And I fail to see how I would be aware of the candidates registered with a division that I didn't work in.
I was the lead consultant for the Engineering division, managing 1 person. On 4th January I handed my notice in as we could not come to a flexible working arrangement agreement (I had an 11 month old baby and my morning commute was sometimes taking 2 hours).
Following an unsuccessful job search, I decided to set up on my own to recruit sales and marketing (this is the sector I was experienced in prior to joining the employer).
I have a number of restrictive covenants in place and have now had 3 pieces of communication from my employer around my obligations (one of them a solicitors letter stating that I am in breach of my covenants).
I must not work in competition with the business for a period of 6 months, up to 20 mile radius - I am 17.5 mile as the crow flies and 22 mike by road. This is one of the breaches.
I must not deal with any clients or prospective clients that I have been materially involved with, for 6 months. A client apparently called the office for me and when they realised I had left, said they would contact me on LinkedIn.
I must not deal with any candidates or prospective candidates that I have been materially involved with, for 6 months. I have spoken to a candidate that is registered with their sales and marketing division and they are stating this is a breach.
I am connected on LinkedIn to one of their clients and they are stating this is a breach. I have another agreement that that covers my LinkedIn connections and I had to delete in excess of 100, manually, already. Copies have been provided to them. The connection I have is actually the md's close personal friend, so he will be aware that I haven't contacted him.
I've now received a form of undertaking which they have asked me to sign by Monday, staring that I will not continue to trade in a 20mile radius and that all communications with their candidates and clients will cease until the end of my contract.
Firstly, I think this is some kind of joke and I'm beginning to feel a bit harassed by it all.
Do I have to sign the form of undertaking or engage in any way with their solicitor? I haven't done anything wrong. I am not going after their clients, nor am I dealing with any of them. And I fail to see how I would be aware of the candidates registered with a division that I didn't work in.
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