Moving to a competitor

[benny3008]

Hi, I work in a motor factors and have just been offered a new job in another motor factors opening down the road soon. Some of my colleagues seem to remember signing something when they started at the current factors which said they can't work at another factors within 15 miles, I may have signed this I can't remember. My question is, can this rule be enforced? A friend of mine has said that they can't but wondering if anyone has any official info on the matter. TIA

[KJN]

I am sure I read something about this approx a year ago. They may make it difficult for you but if it came to court nobody has the right to stop someone working.

[atalanta]

If you have signed a contract of employment, you must have a copy. read it, or ask Personnel Dept for a copy .

[dzug2]

It's entirely possible that it's in your contract but still unenforceable as unfair restraint of trade

Are you a 'worker' or 'management'?

[FredPuli43]

Oh dear, it's one of those'it all depends' cases. The basic rule is that the courts are against restricting someone's right to work. But, much depends on what the work that they have been doing is. If they are a hairdresser, it might just be reasonable to stop them working for a salon down the road because there is the risk that they will have a list of clients who they might entice to following them. If they are obliged to work a few miles away, that is unlikely to happen since the clients would be reluctant to travel. So the first question is, what does the term in your contract actually say and the second one is what is the reason for it? It needs to be a very good reason for it to be justified. Prima facie a motor factor has nothing in the business that would require such a condition or one set to such a distance.

The cases that get cited about such restrictive terms in general, are usually of little help. They are generally where the employee has done something verging on the criminal, by taking what should be trade secrets, vital to the business, with him, and blatantly using that to the advantage of his new employer, and, of course, himself. That is highly unlikely to be the prospect in your case.

[benny3008]

Thanks for all answers, I handed in my notice on Monday, and as expected, my boss told me he would not want me to work my notice as there is the risk I could poach customers so I've had the week off. :-) Start at my new job tomorrow and so far, my old job have not kicked up a fuss at all, they wished me luck and sent me on my way so =fingers crossed it will stay that way.

[wolf63]

Good Luck in your new job.

How's your wee hairy four-legged pal doing?

[tonyav]

Good luck with your new job, benny.

[tonyav]

Still got a car, benny ?.