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Restrictive covenants advice

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  • Restrictive covenants advice

    I handed my notice in with my previous employer at the end of may last year. A manager made working notice difficult and unpleasant so I left on the 5th June. There is a restrictive covenants
    for 12 months. Can that be taken from the day I left or the day my notice should have ended?
    Tags: None

  • #2
    Did you leave on 5th June 2023 with the company's agreement? ie did they agree to reduce your notice period to expire on 5th June?



    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      It depends on the wording of the contract, but the likelihood is that the period of restriction runs from the day on which your employment ends.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        This was his email response on the 6th June. And I have had no other direct communication from him since.

        I refer to your resignation. While we are naturally disappointed at your decision, I confirm that I accept your resignation on behalf of ***** Ltd.

        I note that you have declined to work your notice and that, therefore, your last day of work was 5 June 2023. You will be paid up to and including 5 June 2023.

        I confirm that you have returned all property that belongs to the company.

        I would like to remind you that you are still bound by the obligations and restrictions set out in your contract of employment.

        Comment


        • #5
          It isn't completely clear but I read that as meaning that your original notice period continued to apply and the company has not agreed to change it. All they have agreed to is that you will not be attending work or be paid after 5th June, not that your contract of employment terminated on 5th June.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            Originally posted by atticus View Post
            It depends on the wording of the contract, but the likelihood is that the period of restriction runs from the day on which your employment ends.
            This is the last email from my previous employer.

            I refer to your resignation. While we are naturally disappointed at your decision, I confirm that I accept your resignation on behalf of ****** Ltd.

            I note that you have declined to work your notice and that, therefore, your last day of work was 5 June 2023. You will be paid up to and including 5 June 2023.

            I confirm that you have returned all property that belongs to the company.

            I would like to remind you that you are still bound by the obligations and restrictions set out in your contract of employment.

            We do not wat to be in property/block management we like gardens and gardening. We have been approach not chased!
            Last edited by meakame2023; 9th June 2024, 18:50:PM. Reason: Myself and my husband went into business for ourselves. We do not want to breach contract obligation. Nor poach, we are doing very well without. But a previous customer liked how I cared for their gro

            Comment


            • #7
              I am sure you remember your previous thread - https://legalbeagles.info/forums/for...0-new-business

              I have read it again, and the advice given in it still applies.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment

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