UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

If I was given a pay rise and promotion to say 40,000 and…

Customer Question
If I was given a...
If I was given a pay rise and promotion to say " £40,000 and promoted from sales executive to sales manager " Does this make my old contract void as it states salary £15,000 and sales executive ?
Submitted: 6 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 1 minute by:
6/1/2011
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,476
Experience: Qualified Solicitor
Verified
Hello, thanks for your question. Please press Accept when satisfied with my answer. For now please let me know how long ago the changes occurred?
Ask Your Own UK Law Question
Customer reply replied 6 years ago
Well I left my company in february 2011. I started the company in July 2008 and was promoted in june 2009,

Since leaving the company My old mployer are seeking an injuction and damages as they think I have set up in direct competition as it states in my contract I'm not allowed for 6 months.

Even though I have not set up in direct competition I could do without the court cost and fees etc so was asking if this is something I could bring up ?
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
I think it may be better if I explained the law surrounding restrictive covenants. Employers often wish to protect their business interests from unfair competition by employees and ex-employees. This is especially true for those employees who have knowledge of sensitive and valuable information, have considerable influence over the workforce or have strong customer connections. However, it is in the public interest to ensure that individuals are free to move between employers and use their skills, knowledge and experience.

It has become customary for employers to impose restrictions on employees' activities both during the employment and following its termination. However, under the doctrine of restraint of trade, any contractual term which seeks to restrict an individual's freedom to work for others or carry out his trade or business is void and unenforceable, unless the employer can show that it has a legitimate business interest that requires protection and the protection sought is no more than is reasonable, having regard to the interests of the parties and the public.

Legitimate business interests (LBI) are commonly accepted to include:
• Trade secrets and confidential information
• Trade or customer connections
• Stability of the workforce

An employer cannot impose a restrictive covenant merely to stop someone competing, but it can seek to stop that person using or damaging something which legitimately belongs to it, such as an LBI.

The restrictions that can be imposed on employees can be grouped into the following:

1. Non-solicitation covenants - an employee's personal influence over customers may be dealt with by a covenant preventing the employee from soliciting the customers of the employer. The covenant should be restricted to customers with whom the employee had contact during a specified period before termination. Other relevant factors may include the employee's level of seniority in the business, the extent of their role in securing new business, the loyalty or otherwise of customers in the relevant market and the length of similar restrictions in the employment contracts of competitors. Generally, restrictions against potential customers will be harder to enforce. Similarly, the employee may be restricted from soliciting their old colleagues. Any such clause will need to consider how long it will be before the influence over existing employees will be eliminated and replaced, and the scope of the classes of employees over whom such influence will exist.
2. Non-dealing covenants – this is a more general restriction and not only restricts solicitation of customers and employees but any general contact with them, even if they are the ones that have approached the employee in the first place. The enforceability of a non-dealing covenant will depend on the interest being protected. Similar considerations as for the enforcement of non-solicitation covenants will generally apply.
3. Non-competition covenants – as a matter of general law, employees are restricted from disclosing confidential information amounting to a trade secret after termination (for example, a manufacturing process). As with non-solicitation covenants, the restriction must be for a limited time. The geographical extent of the limitation must also be considered. Worldwide covenants have been held to be enforceable, but more specific restrictions can be enforceable if considered reasonable in the circumstances.

An employer seeking to enforce restrictive covenants may take steps to obtain an interim injunction. Alternatively, or if it is not successful in obtaining an injunction, it may also seek damages from the employee for breach of the covenants. In deciding whether to award damages the court will consider:
• Whether the covenant was enforceable.
• If so, whether the employee had breached the covenant.
• If so, whether that breach had caused the employer loss.
• If so, how that loss should be assessed.

In summary, the law on restrictive covenants is very subjective and depends largely on the individual circumstances of the business and the LBI that needs to be protected. There are no set rules and procedures, apart from the requirement for the restrictions to be reasonable and go no further than is required in the circumstances. Therefore, it is usually only down to the Courts to establish whether a restriction is enforceable and, if so, whether an injunction should be granted or damages should be awarded. Do bear the above advice in mind before deciding whether to proceed and potentially breach the restrictions you are subject to.

Please press Accept. I can expand my answer and provide more detailed advice and guidance as necessary and also answer any specific questions you may have. Thank you
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,476
Experience: Qualified Solicitor
Verified
Ben Jones and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Sorry that was all a little confusing for me. Is it possible you could answer my question ?
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Sorry, I thought you could use some of this information to advise your employer that acting in competition is not in itself illegal and they can't simply prevent you from being a competitor. They can only prevent you from working in competition if in doing so you were using some legitimate business interest of theirs (e.g. client lists, confidential information, etc)
Ask Your Own UK Law Question
Customer reply replied 6 years ago
Hi, thanks for the prompt reply.

This is what they are implying! They have gone to the lengh of trying to seek an injunction order and damages as they think I have stole data from them and set a company I'm competition. I have to go to high court on the 14 June. They are seeking damages also. The thing is I didn't steal data and didn't set up in competition. They say I'm in breach of my contract that why I asked if my contract would be void if my position and salary had changed .
Solicitor: Ben Jones, UK Lawyer replied 6 years ago

In relation to the contract, it is unlikely that the whole contract would have become void. The general principles would have continue to stand but the title and pay would have been amended through an implied variation.

Ask Your Own UK Law Question
Was this answer helpful?
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,476
50,476 Satisfied Customers
Experience: Qualified Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

50,476 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Went to Companies House.gov, and see a company I've been
Went to Companies House.gov, and see a company I've been dealing with is listed as: Active — Active proposal to strike off Does that mean they're legitimate or in trouble? … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,910 satisfied customers
Unfortunately I am a stupid student from Eu that was cought
Hello, so unfortunately I am a stupid student from Eu that was cought stealing from primark once and from Tkmax! If I will receive the letter from the police at my address and have to pay the fine it … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,367 satisfied customers
If I make a fresh visa application,because the other
If I make a fresh visa application,because the other application was made invalid.Because the correct fees were not paid,will the act make the new application invalid,as my wifes biometric card is 3 m… read more
frantzgregory
frantzgregory
812 satisfied customers
Can rescission of contract be applied in the case of a house
Can rescission of contract be applied in the case of a house purchase due to a faulty boiler/central heating system? … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,367 satisfied customers
I was just wondering if competition law really is criminal
I was just wondering if competition law really is criminal law or if it is in fact civil law please? I am new to the field and keen to learn.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,986 satisfied customers
I would like to simply get a quote for advice on a problem I
I would like to simply get a quote for advice on a problem I have--a property matter … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
I have just found an enduring power of attorney form dated
Hello..I have just found an enduring power of attorney form dated 1995, that I filled out with my son as the attorney. It is all witnessed and signed correctly, but the witness died some time ago and … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,910 satisfied customers
How much does your advice cost? I live in a listed terraced
Ok,I live in a listed terraced house,one of 8. Around the terrace is a right of way that all the residents and visitors have had free access to for 150 years. It is marked in the deeds of everyones houses. New residents have moved into the end house,they actually own the land,and have put up huge gates to bar everyone out. Can they do this? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
If one gets a UK visitor visa for 6 months and then does not
If one gets a UK visitor visa for 6 months and then does not use it would it jeopardize future visa applications (eg could the UK consulate ask why previous visa was not used and on that basis reject … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
The new GDPR law is being enforced from May 25th. I am aware
Hi, The new GDPR law is being enforced from May 25th. I am aware of the fact that I have to take some actions as I have e-mailing lists for updates I send out (very rarely and irregularly). I have 3,3… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,910 satisfied customers
I am one of the executors of a will and a member of the
I am one of the executors of a will and a member of the family (A) issued a caveat in order to prevent the issue of a grant. I served a warning and A's solicitor lodged an Appearance claiming that the… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,910 satisfied customers
UK. It's not me but it's my husband and the situation is
It's not me but it's my husband and the situation is that he is a shop keeper and a school girl has been barred from our shop and one morning at 8:30 am she came in the shop without asking permission … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,986 satisfied customers
We are contesting CPZ charges in our borough.The coiuncil is
We are contesting CPZ charges in our borough.The coiuncil is profiteering from the scheme.They refuse to answer question under the Freedom of information act and they refuse to open the debate under t… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,986 satisfied customers
I have a legal charge of a registered estate of 32% (title
Hi - I have a legal charge of a registered estate of 32% (title number) On218482. The charge become exercisable on 3-august-2018. The monies at 32% of house value have to be repaid on or before that d… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
A Policeman knocked on my door 3 times this week and left me
A Policeman knocked on my door 3 times this week and left me a calling card pushed under my door saying PC411 Ford with a reference number on the reverse. Should I call the phone number he also left o… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,986 satisfied customers
My daughter has become my carer I have been told if she
My daughter has become my carer I have been told if she lives with me for 12 months she should be able to live in my council house after I have gone could you let me know if this is so … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
I have a question about citizenship there. I'm trying to
I'm trying to find out if I'm still a UK citizen or not. … read more
Thomas
Thomas
Lawyer
Bachelor's Degree
2,176 satisfied customers
Im just wondering.. ive been put through a horrible time, my
Hello, im just wondering.. ive been put through a horrible time, my ex made false allegations against me of dv and as its during our family court case. im wondering when it bexomes nfa'd or not guilty… read more
ivorylounge
ivorylounge
44 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x