Restrictive Covenant

[chineseJohn]

I have a potential interesting scenario that could happen.

I use to work for an NHS Organisation called NHS A through Agency A until March 2013.
I work for an NHS organisation called NHS B through Agency B.

Agency A has a restrictive covenant of 12 months with NHS A.

There's a rumour that NHA A and NHS B might be merging (possibly within 12 months).

So could agency A stake a claim against me because it's within 12 months.

[TheFaQQer]

I have a potential interesting scenario that could happen.

I use to work for an NHS Organisation called NHS A through Agency A until March 2013.
I work for an NHS organisation called NHS B through Agency B.

Agency A has a restrictive covenant of 12 months with NHS A.

There's a rumour that NHA A and NHS B might be merging (possibly within 12 months).

So could agency A stake a claim against me because it's within 12 months.

No, because you won't be working with NHS A or B any more - you'd be contracting with NHS AB which is a new entity.

[Old Greg]

No, because you won't be working with NHS A or B any more - you'd be contracting with NHS AB which is a new entity.

Possibly more complex than that, but the fact that he's working for B before the merger must put him in the clear. And is the 12 months enforceable in any case?

[chineseJohn]

No, because you won't be working with NHS A or B any more - you'd be contracting with NHS AB which is a new entity.

actually according agency A - even new entities are covered by restrictive covenant .. as I'm in a dispute with one at the moment but that's another thread ....

[Old Greg]

actually according agency A - even new entities are covered by restrictive covenant .. as I'm in a dispute with one at the moment but that's another thread ....

Opted in or out?

[chineseJohn]

hmm i think i'm opted out

[Old Greg]

hmm i think i'm opted out

You think? Check.

[SueEllen]

actually according agency A - even new entities are covered by restrictive covenant .. as I'm in a dispute with one at the moment but that's another thread ....

Tell agency A to foxtrot oscar.

And if they refuse a polite letter from a solicitor will make them see sense.

I find agencies more co-operative with a solicitor involved.

[chineseJohn]

You think? Check.

opted out I'm afraid

[Old Greg]

opted out I'm afraid

Then listen to Sue Ellen. She's much wiser and more sensible than me.