Non-compete clause in contract

**boredsenseless** · 9 May 2006, 14:52

Originally posted by DarkHorse

I was contracted recently through an agency, the agency was using a mix of an ATSCO contract and the contract from the company that I was working through, so effectively I was a sub sub contractor.

The agency and the company who I was working for have basically terminated my contract with them as they don't have enough work for me. One of the companies that I did work for found out that I was being let go and has approached me to do a project manager job, which is a different role from what I was doing previously.

The contract says that I am not to work for any of these companies' clients for 6 months, effectively a 6 month non-compete agreement, which I did effectively sign through my umbrella company, however, given that they terminated my contract early, and it's a different role, how does this go with English law?

Does anyone have any experience on this front? A number of previous posts have said to get legal advice, does anyone know a good solicitor to speak to?

Doesn't anyone abide by contracts anymore?

You signed the damn thing, if you don't like the clauses whose fault is that?

The time to worry about these things is before you agree to be bound by them not after.

And we have a bad name in the industry why???? Oh yeah its the unprofessional and un-business like disregard for contracts signed in good faith by both parties. How would you feel if they turned round and said we don't feel like paying you this month, yeah I know the contract says we will but hey its not really unforceable is it, and it must be against some human rights act somewhere to force us to pay you.

**eternalnomad** · 9 May 2006, 16:24

Originally posted by DarkHorse

A number of previous posts have said to get legal advice, does anyone know a good solicitor to speak to?

#

I have used the services of Mr Roger Sinclair and can highly recommend him

roger@egos.co.uk

**cojak** · 9 May 2006, 20:10

The different role is irrelevant and provided they ended the gig in accordance with the contract that's irrelevant too.

Find another job or expect to fight over any money they owe you (if you don't keep to terms, why should they?).

**DarkHorse** · 9 May 2006, 23:12

Originally posted by boredsenseless

Doesn't anyone abide by contracts anymore?

You signed the damn thing, if you don't like the clauses whose fault is that?

The time to worry about these things is before you agree to be bound by them not after.

It's an interpretation on the contract, it's a different job, and it's not something that they provide as a service. So I am not conflicting with what they do as a business. However, I am wondering what my rights are in case they try to do me over. If I was doing the same job for a company that I worked for, ethically, even without the contract, I wouldn't take the job.

From my perspective what they are asking me to do is very fitting with the position that I am in at the moment, and it would work for them very well too. From where I see it, it's the best for both parties.

When I signed the contract I hadn't considered what's happening now. I don't see what I could potentially be doing as a business conflict against who I am working through. My concern is that it is looks as if it's prohibited by the contract. This is why I am why that I think I need legal advice.

**Cowboy Bob** · 10 May 2006, 07:31

Originally posted by DarkHorse

When I signed the contract I hadn't considered what's happening now

To be honest, you should have expected all eventualities. That's why you'll find that most people here run their contracts past a contract lawyer (such as Bauer & Cottrell, QDos etc) before putting pen to paper. The contract is the single most important thing, aside from the money

, and is not something that should be taken lightly.

I suggest you just chalk it up to experience and go find a contract where there is no possibility of the offending clause coming into effect. And get your contracts checked over in future.

**Hex** · 10 May 2006, 09:07

Why not join the PCG - www.pcg.org.uk (which would be a good idea anyway) and then you can ring their legal helpline (which is free for members) and get a lawyer's opinion on your current situation.

**BlasterBates** · 10 May 2006, 10:20

This is a grey area, as they have no work for you, and although the exclusion clauses work when you jump ship and blatantly steal the customer, when this isn't the case, the law gets grey and messy. Only an expert contracts lawyer can help you on this one.

**DarkHorse** · 10 May 2006, 13:22

Having spoken to a lawyer today, he said that I could challenge it, but it would get messy and costly. The company who I was working through had been good to me, so I didn't want to go there. They are going to release me from the contract based on the fact that the position was publically advertised, that they don't have the work for me and that I did good work for them. Given that it was publically advertised they weren't going to get the work anyway and they accept that.

**boredsenseless** · 10 May 2006, 14:28

Originally posted by DarkHorse

Having spoken to a lawyer today, he said that I could challenge it, but it would get messy and costly. The company who I was working through had been good to me, so I didn't want to go there. They are going to release me from the contract based on the fact that the position was publically advertised, that they don't have the work for me and that I did good work for them. Given that it was publically advertised they weren't going to get the work anyway and they accept that.

Good for you.

And as a result of doing it the right way they'll probably look to using you again in the future.

Non-compete clause in contract