Non Compete Enforceable?

[goncalossantos]

I am a junior software engineer. I left a previous job that I held for 9 months (was still on probation) from a small tech company last month and got an offer now from a huge multi billion tech company that has global reach and in no way competes with my old company. However, my old employer got contacted by a background check agency for my newjob and sent me this.. "I understand you've started work at X. As a part your employment with us, you entered into a trailing 12 month covenant not to be involved in any capacity with a competing business concern, which we view X as being. As such I would note our concern around potential breach of this agreement. Can you please let us know further on the nature of the role and responsibilities proposed, such that we can establish our position on this matter."
The jobs decriptions are compeltely different and the company have completely different scopes, both in terms of geography and interests, working on different market.
these are relevant restricted covenants:
During the period of your employment, and for a period of 12 months following the termination of your employment, you agree that you shall not, wheter directly or indirectly:
a) solicit or endedavour to entice away from the Company or any Sub-Contractor the business or custom of a Restricted Customer with a view to providing goods or services to that Restricted Customer in competition with the company or the Sub-Contractor
b) offer to employ or engage or otherwise endeavour to entice away from the Company or any Sub-Contractor any Restricted Person
c) be involved in any Capacityy with any business concern which is (or intends to be) in competition with the Company
d) be involved in any Capacity with any Sub-Contractor
e) be involved with the provision of goods or services to (or otherwise have any business dealings with) any restricted Customer in the course of any business concern which is in competition with the company or Sub Contractor, or
f) accept or demand commission, contribution, gift, or reimbursment in any form whatsoever from any Restricted Customer or other third party in connection with the performance of your duties under this agreement.
You acknowledge that the restrictions in this clause are reasonable and fair
Each of the restrictions is intended to be separate and severable. If any of the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restricition shall apply with such deletion as may be necessary to make it valid or effective
My previous employer is annoyed that I left and is trying to make my life difficult. My question is, is this enforceable?
It just seems so vague and broad that from what I have read it shouldn't be enforceable

[Arcadian]

Re: Non Compete Enforceable?

Does it stipulate what penalty they would seek to impose, should they deem any of the restrictions in the clause to have been infringed?

[goncalossantos]

Re: Non Compete Enforceable?

Nothing. Just what I posted

[Arcadian]

Re: Non Compete Enforceable?

I found this:
https://www.out-law.com/page-7086

[Sangie595]

Re: Non Compete Enforceable?

Based on what you have said here, I very much doubt it is enforceable in UK law. It is too long a period and too wide ranging for the level of the position you held. But you need to understand that only a court can decide whether it is enforceable or not. Any advice anyone gives you is an opinion only.

I just emphasise that this is based on UK law - given the user name I am just wanting to ensure that you are in the UK as your name appears to be of Spanish origin.