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Hi,
Looking for some advice please.
I work in Recruitment for an agency as a Principal Consultant & Sales Director (25% share). My fellow director & MD (75%) is beginning to make my life difficult with a multitude of issues, but the main being micromanagement and becoming quite aggressive physically - not with me personally, but shouting, swearing and throwing items furniture around a meeting room because certain things aren't being done in "his way".
I'm therefore looking to leave the business after 3 years with them, I would however like to remain in Recruitment and I know a lot of the clients we support would follow me.
Problem is, I have a couple of clauses in my contract.
1) A section states that I am not allowed to set up or work for a similar business for 6 months.
2) I'm not to entice or approach any clients also which I totally understand.
My question is, surely I should be allowed to set up my own business, otherwise my current employer could be deemed to be saying I'm not allowed an income?
Secondly, what happens if a client I've worked with In the past takes it upon themselves to approach me, when I haven't enticed or made any approaches toward them?
The clauses are below:
Restrictive Covenants
You agree with the Company that you will not directly or indirectly, whether alone or in conjunction with or on behalf of any other person or organisation and regardless as to the capacity of your involvement:
1) Set up a business, or work for a business in any capacity, in direct competition with the Company for a period of 6 months from the date of termination of your employment.
2) Within a period of 6 months from the date of termination be engaged, concerned or interested in any business which at any time during the twelve months preceding the termination of your employment has supplied products or services to the Company or is or was at any time during the above period a client (defined as any person, firm, business or organisation to whom or to which the Company has within the above period supplied products or services and with whom you had personal dealings during this time) if such an engagement, concern or interest causes or may cause the supplier or client to either cease or materially reduce its supplies or orders and contracts to the Company.
3) For a period of 6 months from the termination date, for the purpose of directly or indirectly competing with the Company (whether as principal, agent, employee, director, partner or otherwise), canvass, solicit, entice or otherwise approach any client (defined as any person, firm, business or organisation to whom or to which the Company has within a period of 6 months preceding the date of termination, supplied products or services or was at any time during this period a client with whom you had personal dealings) for the sale or supply of products or services or endeavour to do so.
Any advice would be appreciated.
Thanks
Looking for some advice please.
I work in Recruitment for an agency as a Principal Consultant & Sales Director (25% share). My fellow director & MD (75%) is beginning to make my life difficult with a multitude of issues, but the main being micromanagement and becoming quite aggressive physically - not with me personally, but shouting, swearing and throwing items furniture around a meeting room because certain things aren't being done in "his way".
I'm therefore looking to leave the business after 3 years with them, I would however like to remain in Recruitment and I know a lot of the clients we support would follow me.
Problem is, I have a couple of clauses in my contract.
1) A section states that I am not allowed to set up or work for a similar business for 6 months.
2) I'm not to entice or approach any clients also which I totally understand.
My question is, surely I should be allowed to set up my own business, otherwise my current employer could be deemed to be saying I'm not allowed an income?
Secondly, what happens if a client I've worked with In the past takes it upon themselves to approach me, when I haven't enticed or made any approaches toward them?
The clauses are below:
Restrictive Covenants
You agree with the Company that you will not directly or indirectly, whether alone or in conjunction with or on behalf of any other person or organisation and regardless as to the capacity of your involvement:
1) Set up a business, or work for a business in any capacity, in direct competition with the Company for a period of 6 months from the date of termination of your employment.
2) Within a period of 6 months from the date of termination be engaged, concerned or interested in any business which at any time during the twelve months preceding the termination of your employment has supplied products or services to the Company or is or was at any time during the above period a client (defined as any person, firm, business or organisation to whom or to which the Company has within the above period supplied products or services and with whom you had personal dealings during this time) if such an engagement, concern or interest causes or may cause the supplier or client to either cease or materially reduce its supplies or orders and contracts to the Company.
3) For a period of 6 months from the termination date, for the purpose of directly or indirectly competing with the Company (whether as principal, agent, employee, director, partner or otherwise), canvass, solicit, entice or otherwise approach any client (defined as any person, firm, business or organisation to whom or to which the Company has within a period of 6 months preceding the date of termination, supplied products or services or was at any time during this period a client with whom you had personal dealings) for the sale or supply of products or services or endeavour to do so.
Any advice would be appreciated.
Thanks
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