Help with contract clause????

[Altafica]

Hi all.

I posted here a few weeks ago and was given brilliant advice, however things have moved on and I have a further question and am hoping somebody can help me again.

I was suspended from work after an investigation meeting, resulting in the company considering disciplinary action. I only work part time and was aware that they were looking at redundancy, so was not going to go through this, so resigned and was placed on Gardening leave after a weeks suspension.

I have had a letter to remind me of the restrictions in my contract. I have copied the relevant part below. My question is it states the “Relevant Period” the in note 1 says 6 months, but at the end of the paragraph it says 3 months

The Employee undertakes with the employer that they will not during the “Relevant Period”, without the prior written consent of the employer …………….

1. In competition with the employer, solicit business any client or prospective client where the employee had personal contact during the six month immediately preceding the termination date.

At the end of this paragraph it then goes on to say ………

“Relevant Period” shall mean 3 months following the termination date less the number of days on which the employer has required the employee, both not to attend work and not to undertake any duties”

Does this therefore mean that the “Relevant Period” is in fact 3 months less the suspension week and the 4 weeks’ notice? I will be working for a new company that is in the same industry about 8 miles away, and want to make sure of the time I must not contact any of the clients.

I’m totally confused as it seems to say 2 different things.

[R0b]

Re: Help with contract clause????

As I read it, the clause says that if you have been in contact with clients or prospective clients 6 months before the employment contract was terminated, then you are forbidden from contacting those specific clients for a period of 3 months following termination where the intention is to seek their business.

I would agree that the relevant period is 3 months less the suspension time plus the gardening leave you were put on, assuming it was immediately following suspension and that period was for 4 weeks, then it would seem that you deduct that time from the 3 month restriction. So your restriction on soliciting business would be something like 2 and a bit months.