UK Employment Law
UK Employment Law Questions Answered by Verified Experts
We cannot draft docs on here, sorry. I can tell you that a 3 year restriction is unenforceable. 3-6 months is as much as you will get away with.
Iwill tell you now that courts are reluctant to enforce these kind of covenants.
Veryoften, it comes down to who has the deepest pockets and who bottles out firstif proceedings are issued to enforce the covenant.
Thestarting point is that these restrictions are void for illegality but if the business wishing to rely on the covenant canconvince a court that the restriction is designed to protect legitimatebusiness interests and it extends no further than is reasonably necessary toprotect those interest, then it will be upheld and can be enforced.
Thereare three issues to take into account: one is the geographical area of therestriction, two is the length of time, and three is the type of business.
Allthree are taken into account.
A widegeographical area is unlikely to be enforceable in the restriction is for morethan 6 months or 12 months.
Itis then necessary to look at the type of business. To stop someone being anewsagent, for example, 50 miles away, even for three months, is ridiculous andit is not necessary to protect the original business.
Ifhowever the same newsagent could not be a newsagent within 1 mile radius for 12months. That could be enforceable, just about, but it would be a good argumentto be had. Costly as well.
Trade secrets may be granted wider protection. If forexample you are going to use information that you gleaned at the originalbusiness.
for ben jones
i need a whole contract please
ok , I can do without the contract but as I just posted to which lawyer I don't know, I would like to draft a clause that the trainee cannot leave my business before 3 years are up and thereafter he cannot work for my competition for 12 months
will this term work ?
to stop him or he would have to pay us back the 2,000 pounds plus of his training
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