Undertakings form linked to restrictive covenant

[sales]

Hi

I have left my job as account manager and started new role in management. I have a 3 month covenant restricting contact with my previous employers customers.

I have called a customer that I thought fell outside the restriction but have been sent a letter advising otherwise.

I am happy to sign the undertakings form but it's the bit that says:
To the extent that I have or may have acted in breach of my undertakings at 1 to 4 above in the period to the date hereof, (without any admission on my part as to whether or not I have committed a breach), I confirm that I have set out below.....

The below bit basically asks me what I have done that goes against restrictions.

My question is can they force me to tell them? Can I not just sign the form and just explain I made a mistake and move on?

I want to understand the bit in brackets that talks about admission. Is this them trying to get me to incriminate myself or can I just sign it and leave the bit asking for my activity blank?

The forums help would be appreciated in this please ☺

[mariefab]

Re: Undertakings form linked to restrictive covenant

In your place I'd definitely follow the instinct to leave the section that invites you to incriminate yourself blank.

[Openlaw15]

Re: Undertakings form linked to restrictive covenant

Hi

I have left my job as account manager and started new role in management. I have a 3 month covenant restricting contact with my previous employers customers.

I have called a customer that I thought fell outside the restriction but have been sent a letter advising otherwise.

I am happy to sign the undertakings form but it's the bit that says:

To the extent that I have or may have acted in breach of my undertakings at 1 to 4 above in the period to the date hereof, (without any admission on my part as to whether or not I have committed a breach), I confirm that I have set out below.....

It's just lawyer speak. Have or may have etc covers all eventualities. If they were to investigate you, it's saying when you signed that you never confessed to being in breach to any extent.

The below bit basically asks me what I have done that goes against restrictions.

My question is can they force me to tell them? Can I not just sign the form and just explain I made a mistake and move on?

I want to understand the bit in brackets that talks about admission. Is this them trying to get me to incriminate myself or can I just sign it and leave the bit asking for my activity blank?

The forums help would be appreciated in this please ☺

This is just a broad declaration for any employee, not just you as per any potential investigation, ie if the customer were to sue. It is just the company covering their back with legalese. I'll put it another way, 'if i am I found to have done something wrong, I did not admit to such when making the declaration.

[sales]

Re: Undertakings form linked to restrictive covenant

Brilliant, thank you for such a speedy response.
Should I put anything in the blank space before signing. Even if it's something like "didn't realise this particular customer fell within the restriction "
Just wondering if their solicitors will be expecting something or if signing it to reaffirm awareness of clauses enough?
Thanks again.

[mariefab]

Re: Undertakings form linked to restrictive covenant

The reason I'd leave it blank is that I think that the 2 phrases, 'To the extent that I have or may have acted in breach of my undertakings at 1 to 4 above in the period to the date hereof,' and '(without any admission on my part as to whether or not I have committed a breach),' cancel each other out.
So, then you are left with the potential admission, 'I confirm that I have....'

[sales]

Re: Undertakings form linked to restrictive covenant

Cool. Thank you. I've sent it back just signing it and dating.
Their reply was to review the content of the form and wait for clients instruction.

I do wonder though. Would they be bluffing as I have been quite careful with who I contact to make sure it doesn't infringe on covenant but obviously on this one I dropped the ball. Am I thinking too much into this? I only have 4 weeks left on covenant so am (in agreement with work) pulling back on the contact with any client from my past till April.

My worry is that knowing my previous employer as I was there for 5 years and have seen them go after people in court for a lot less.....what is the implications here? They used to tell us stories of people they have sued for 10's of thousands but in my head I can't imagine how that could be possible and also how it can go from one thing to something so drastic in such a short time.

How does employment law work in terms of processes. Do the courts want to see an attempt of it being sorted between parties? I hear that it's held at the royal courts of justice in London and that's why it's so expensive . ...is that right?

I just don't get how it's fair for them to even get their solicitors involved over a small breach that resulted in no financial loss rather than contact me and do it verbally or in writing.

Sorry for the rant but it got to me when I heard about it happening to other people and it's even worse being on the receiving end!

[mariefab]

Re: Undertakings form linked to restrictive covenant

1. You've caused them no loss.
2. On discovering a breach they asked for, and you've provided, an undertaking to comply with the terms of the covenant.
To sue you they'd need a cause of action. Given 1 & 2 above, they don't have one.

[sales]

Re: Undertakings form linked to restrictive covenant

Ok thanks. It kind of puts mind at ease but I guess I have to wait for reply. I'll let you know what happens.

Thanks for all your help everyone.