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Work: Would you breach your contract?

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    Work: Would you breach your contract?

    this is pissing me off..

    i've just handed my notice in (as a permie) at Company A.. Company B, down the road, are currently a customer of Company A.. Company B want me and have offered a very lucrative, 12 month contract - all ready to go and sign.

    HOWEVER! in working for Company B, i'd breach two of my contract constraints with Company A:

    "Thou shalt not work with 20 miles of our office"

    "Thou shalt not work for one of our customers"

    What are my chances of getting this job? Are these constraints worth the paper they are written on?

    #2
    Originally posted by barry_abs
    "Thou shalt not work with 20 miles of our office"

    "Thou shalt not work for one of our customers"
    Get a Human Rights lawyer

    Comment


      #3
      "Thou shalt not work with 20 miles of our office"
      Zero chance of them being able to enforce that one.

      "Thou shalt not work for one of our customers"
      Get a limited company... you will work for that... problem solved.



      They dont have a clause saying that a company you work for cannot have business dealings with a customer.

      Comment


        #4
        The first one is ludicrous. Unless you've done something very bad indeed, and it's a restraining order. I'm sure a decent lawyer could drive a bus through it.

        The second one is legit, but look at its wording. It might prevent direct employment by B, but allow you to work for your own limited company, one of whose customers is B.

        Comment


          #5
          HOWEVER! in working for Company B, i'd breach two of my contract constraints with Company A:
          You had a contract with Company A... some company you craete is going to have a contract with Company B... seperate legal entities.

          Comment


            #6
            thanks for the feedback guys.. the general consensus seems that point A is horsetulip, point B is dodgeable if i work through a Ltd.

            Do you think i'll be ok working through a brolly? I've done the Ltd. thing before and hated it (not as flexible, more hassle).

            thanks

            Comment


              #7
              Originally posted by barry_abs
              thanks for the feedback guys.. the general consensus seems that point A is horsetulip, point B is dodgeable if i work through a Ltd.

              Do you think i'll be ok working through a brolly? I've done the Ltd. thing before and hated it (not as flexible, more hassle).

              thanks

              Another poor misguided soul. On what basis is working for somone else more hassle and less flexible than working for yourself?

              FWIW using an umbrella shouldn't be a problem. Expensive and restrictive, but not a problem...
              Blog? What blog...?

              Comment


                #8
                Originally posted by malvolio
                Another poor misguided soul.
                good day, sir

                On what basis is working for somone else more hassle and less flexible than working for yourself?
                everything was going fine with my Ltd. until we moved house.. i was forced to go back into permieship after just 3 months.. i sacked my accountants and decided to dissolve and complete my tax year paperwork myself..

                i just thought i'd try brollying if i were to contract again.. and it were viable, and not too expensive..

                FWIW using an umbrella shouldn't be a problem. Expensive and restrictive, but not a problem...
                hmm.. i don't want my takehome murdered..
                Last edited by barry_abs; 6 July 2007, 13:16.

                Comment


                  #9
                  [QUOTE=barry_abs]

                  "Thou shalt not work with 20 miles of our office"
                  QUOTE]


                  Can you imagine if that could be enforced and u were in London. You'd be fooked.

                  Comment


                    #10
                    Originally posted by XTC
                    Can you imagine if that could be enforced and u were in London. You'd be fooked.
                    correct.. the precise wording is that i cannot work for a competitor with 20 miles, within 12 months - i.e. another company in the trade.

                    Comment

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