The contract from my new employer for 15 hours a week states that I cannot work for anyone else without their written permission. They can refuse this, and dismiss if the procedure is not followed. Is this legal and enforceable ?? Thanks in advance.
Can my new part time employer, put in contract that I cannot work elsewhere ??
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Re: Can my new part time employer, put in contract that I cannot work elsewhere ??
That is a common contractual term, though it is normally indicated if that other employer is similar to your present employers terms of business
You have to show a certain loyalty to your employer
Working time regualtion might play a part as well and they are simply covering their back
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Re: Can my new part time employer, put in contract that I cannot work elsewhere ??
Restrictive covenants are a tool in the armoury of employers which are amongst the worst examples of standard employee abuse that there is. Originally they were intended for important positions and those with vital company information such as directors and sales people who were all paid handsomely for their efforts.
Nowadays even cleaners can have them hoisted upon them. Why ? WTF does it matter whether your cleaners leaves to go elsewhere or does 2 jobs? Is it going to effect the running of a business ? So abused were these covenants that the government had to legislate against their abuse in zero hour contracts.
The enforceability of restrictive covenants is a thorny issue and subject of many tribunals and court cases. Some of the issues are to be found http://www.bailii.org/cgi-bin/markup...method=boolean
Essentially it boils down to how reasonable it is. If you know the Coca cola recipe and wanted to leave to work for Pepsi then you'd probably lose. If you cleaned the toilets it'd be unreasonable.
M1
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