Competitior working

aspiring · Wednesday 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 · 2025-01-30T14:26:27+0000

anyone able to help?

Zefan · 2025-01-30T14:29:59+0000

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

throwaway4372 · 2025-01-30T14:31:32+0000

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.

Terminal_Boy · 2025-01-30T14:35:03+0000

Get legal advice because it can be enforced if your working for a competitor is likely to lose the company you had an employment contract with money.

If your employer says you can't work for a competitor

Find out what you can do if your employer tries to stop you starting a new job, and check if you’re affected by restrictions in your contract.

www.citizensadvice.org.uk

aspiring · 2025-01-30T18:23:10+0000

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 · 2025-01-30T18:23:44+0000

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?

throwaway4372 · 2025-01-30T18:47:47+0000

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

from Termination, whatever the contract defines that as

aspiring · 2025-01-30T20:06:54+0000

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?

Ayahuasca · 2025-01-30T20:07:33+0000

Only if the salary is below £100k

booyaka · 2025-01-31T10:59:38+0000

aspiring said:
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?

First thing first.

Are you likely to take / be involved with clients / contracts that could be taken on by the new company from the old one?

What position is it/are you? What job do you do currently and at the new place?

It's likely to be 3 months not double 3 months to get 6.

However, it's extremely difficult for your old employer to enforce this as effectively it's a restriction of trade to say you can't work for a "like for like" business.

It's a bit different if you leave and take clients / contracts etc to the new business - that can cause issues under the contract.

Need more detail about your current role / prospective role.

I've been through non-compete / restrictive covenant stuff before when moving on - It all depends on the job/role you are in whether it's likely to be enforced in any way

mid_gen · 2025-01-31T12:17:24+0000

I've had this nonsense in every contract I've ever signed and I've gone and worked directly for competitors immediately upon finishing jobs many times.

Unless you're C level or otherwise taking some proprietary knowledge with you, no-one cares.

Diddums · 2025-01-31T13:11:15+0000

hundred grand questions lmao

Mr Badger · 2025-01-31T13:23:05+0000

booyaka said:
First thing first.

Are you likely to take / be involved with clients / contracts that could be taken on by the new company from the old one?

What position is it/are you? What job do you do currently and at the new place?

It's likely to be 3 months not double 3 months to get 6.

However, it's extremely difficult for your old employer to enforce this as effectively it's a restriction of trade to say you can't work for a "like for like" business.

It's a bit different if you leave and take clients / contracts etc to the new business - that can cause issues under the contract.

Need more detail about your current role / prospective role.

I've been through non-compete / restrictive covenant stuff before when moving on - It all depends on the job/role you are in whether it's likely to be enforced in any way

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.

radderfire · 2025-01-31T13:35:04+0000

aspiring said:
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?

In my view yes.

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

booyaka · 2025-01-31T13:59:45+0000

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 in reality - 3 months notice - then start new job.... Unless the OP has a specific job that involves clients/contracts that could be taken with him to new job.

mattyg · 2025-01-31T14:23:51+0000

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...

aspiring · 2025-01-31T21:11:56+0000

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 · 2025-01-31T21:12:13+0000

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

Mr Badger · 2025-01-31T21:28:55+0000

aspiring said:
But is it appropriate to not be paid

Is it appropriate for you to make money from exploiting confidential information or contacts that you gained at your previous employer?

Have you explained yet why you even have that clause in your contract to start with? If there is literally no good reason for it to be there, then you probably don't need to worry about it.