Competitior working

aspiring · 29 Jan 2025 at 22:09

My contract says the following:

1. for three months after Termination, be involved in any Capacity with any business concern which is (or intends to be) in competition with any Restricted Business; or

2. for three months after Termination be involved with the provision of goods or services to (or otherwise have any business dealings with) any Restricted Customer in the course of any business concern which is in competition with any Restricted Business; or

does this mean I cannot work for an extra 3 months after my notice for a competitor?

aspiring · 30 Jan 2025 at 14:26

anyone able to help?

aspiring · 30 Jan 2025 at 18:23

throwaway4372 said:
Yea that's a 3 month non-compete, so wait 3 months before working at a competitor. 3 months is pretty short, implying you probably are low risk.

is that on top of the 3 months notice period? so 6 months?

aspiring · 30 Jan 2025 at 18:23

Zefan said:
Depends if they're listed as a "Restricted Business" I think.

Realistically, unless you are of vital strategic importance, something like c suite, companies are unlikely to start legal proceedings against you. I must profess that this is not legal (or otherwise) advice of any kind

how do you know if a business is a restricted business and how do you know about a customer being restricted?

aspiring · 30 Jan 2025 at 20:06

throwaway4372 said:
from Termination, whatever the contract defines that as

it says this agreement shall continue, subject to the remaining terms of this Agreement, until terminated by either party giving the other not less than three months prior notice in writing.

So is that 6 months in total?

aspiring · 31 Jan 2025 at 21:11

mattyg said:
These terms have to be fair. Just because its in a signed contract doesn't mean they are enforceable. Expecting you to NOT work for 3 months without being paid, Id argue is unfair...

This is exactly why I was querying it

aspiring · 31 Jan 2025 at 21:12

radderfire said:
In my view yes.

Three Months notice, then agreement terminates, then you have to wait three months before working for a competitor.

But is it appropriate to not be paid

aspiring · 31 Jan 2025 at 23:35

Mr Badger said:
Pretty much this.

Many/most people leaving a job will be moving to a similar role at another company. The issue is whether your current role gives you access to important customers or sensitive business information that will be valuable to a competitor and a possible detriment to your old employer. That is what will inform whether they are likely to take any action to enforce the contractual terms after you leave.

what if it is a different part of a competitor business to the one I worked previously worked in for my old employer