Clarifications on restrictive covenants.

[Thayne]

Good morning

I need to clarify a couple of points around contractual covenants. I recently changed employers and as such am currently under restrictive covenants, the usual ones i.e. canvasing existing clients and or staff, plus the more ridiculous such as 12-month period and not working for a direct competitor etc..

My clarifications are:

1. What if an existing client of the old employer is also a client of the new employer, albeit slightly different services. Can I speak to the client in question, if it’s part of my new role, specifically in the relation to the services supplied by the new employer?
2. If an existing client of the old employer comes to the open market to competitively tender services, can I apply on behalf of my new employer to take part in the competitive tendering exercise.
3. Finally, on the contract of employment with my old employer, specifically the employee restrictive covenants. There are 3 boxes’ - 3months, 6 months and 12 months. The ex-employer should have ticked one of these box’s indicating the period of restrictive covenants, this was overlooked. Therefore can I assume that 3 months applies? I have already been advised that I can overlook the period all together, not really sure thats the professional way to go.

As is always the case, the devil is in the detail. In anticipation, thanks for any clarify on the above you can offer.

[Sangie595]

Re: Clarifications on restrictive covenants.

Good morning

I need to clarify a couple of points around contractual covenants. I recently changed employers and as such am currently under restrictive covenants, the usual ones i.e. canvasing existing clients and or staff, plus the more ridiculous such as 12-month period and not working for a direct competitor etc..

My clarifications are:

1. What if an existing client of the old employer is also a client of the new employer, albeit slightly different services. Can I speak to the client in question, if it’s part of my new role, specifically in the relation to the services supplied by the new employer?
2. If an existing client of the old employer comes to the open market to competitively tender services, can I apply on behalf of my new employer to take part in the competitive tendering exercise.
3. Finally, on the contract of employment with my old employer, specifically the employee restrictive covenants. There are 3 boxes’ - 3months, 6 months and 12 months. The ex-employer should have ticked one of these box’s indicating the period of restrictive covenants, this was overlooked. Therefore can I assume that 3 months applies? I have already been advised that I can overlook the period all together, not really sure thats the professional way to go.

As is always the case, the devil is in the detail. In anticipation, thanks for any clarify on the above you can offer.

You will find out the answer if the former employer sues you. Sorry, but that's the only answer you can get, realistically. It seldom happens, but if it does, it is a court of law that decides if it is enforceable and what is enforceable. Anything else would be a wild guess.

[Thayne]

Re: Clarifications on restrictive covenants.

Cheers, just wondering if anyone had experienced a similar situation, especially regarding the 3, 6 and 12 months query.