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I used to work for development company till yesterday and I…

I used to work for...
I used to work for development company till yesterday and I am moving to a new job. In my old contract there is a clause which states that ' if any time during employment or thereafter during the currency of any restriction in this clause, you are directly or indirectly approached or solicited by any Person with a view to or with the intention of you taking up employment or entering into some other business relationship, whether directly or indirectly, with any person who or which is involved in a business which is competitive with the current or then contemplated business of the Company, you should draw immediately the previous of this clause to the attention of the Person who so directly or indirectly approached or solicited you'.

The period mentioned in the contract is 6 months. However, I am contracting to the new company this week.

Here are my questions:
Can I now work as an employee for the main competitor of my previous employee?
Can my old company take any legal action? What would be their point of doing so?
What is the worst scenario?
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Answered in 43 minutes by:
6/28/2010
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
Verified
Yes, technically you would be in breach of your old contract and they could, if they wish, take out an injunction preventing you from working.

But of course it depends on your job. If you were a high level director of say a bank then they would probably do something.

But if you are a developer then in reality they probably would not do anything.

But yes, if they wanted to , they could take out an injunction. Whether they will or not is down to the company.
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Customer reply replied 8 years ago
Thanks for reply.
What could be the worst case? If they take any action, what
would be the consequences?
and when you say they can stop me from working, does it mean
they can stop me from working with any other company as well?
or just competitors? and can they sue me for any kind of money?
just wanted to know the worst case

Thanks

Georgi
They get an injunction and you can not work for your new employer. If you break an injunction you would be guilty of contempt of Court.

They can only stop you from working for a competitor. Normally this sort of contract would also have a distance, say 6 months in radius 10 miles.
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
Verified
UK-Justice and 87 other UK Law Specialists are ready to help you
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Customer reply replied 8 years ago
what if I start work with new company now and
they will know that after six months? that I have been working
with them. will they be able to take any action?
After the 6 months is fine - I would keep it quiet until then!
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Customer reply replied 8 years ago
one last question. what would be possible ways that they
could know where I am working, if I keep it quiet?
Many Thanks
Only if you told an friend who knew an ex employee etc.

HMRC will not tell them if that is what you are worried about.
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Customer reply replied 8 years ago
Thanks a lot for your help.
That makes me feel better now.

Many Thanks
Georgi
Welcome. If you are on the monthly plan - click accept again :)
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Customer reply replied 8 years ago
O Sorry, I am not on any monthly plan :)
I was just trying it for once.
But if I need any other information in future, I will
just come back to you.

Many Thanks
Welcome - good luck.
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