Non Compete Clause

[ben trafford]

Hi,

I am in desperate need of advice concerning a non-compete clause in my current contract.
I have illustrated the clause below. Would this prevent me seeking employment with a competitor or is it too generic ?

Thanks

Competition:

The employee hereby agrees that, during the period of his employment with (this company), and for a period of 1 year following the termination of this employment, he will not perform any work for, issue recommendations to, render his services to or take part in any company in the UK or abroad which is involved in the development of products of a nature similar to those developed, manufactured or used for commercial services by (this company).

[Kati]

Re: Non Compete Clause

I'll tag [MENTION=26290]mariefab[/MENTION] (she's good at Employment issues ) xx

[ben trafford]

Re: Non Compete Clause

Thank you

[Kati]

Re: Non Compete Clause

Thank you

no problem :yo:
I'm sure she'll be along soon xx

[Amethyst]

Re: Non Compete Clause

I think it's too wide, for too long, and too restrictive - it basically says you have to twiddle your thumbs for a year ... what area of work are you in ? ( sometimes it is very relevant ) ( for [MENTION=26290]mariefab[/MENTION] )

[mariefab]

Re: Non Compete Clause

Are you a key employee directly involved in the developement of their products with access to trade secrets which they need to protect?
Do you have a contractual clause guaranteeing you significant compensatory payments when your employment with the Company ends?

If not, I agree that the clause is far too broad to be enforceable. It's a worldwide restraint of trade.
It effectively states that, after your employment with the Company ends, you must either work in an unrelated industry or be unemployed for the next year.