Employment contract clause

[northernladuk]

You should consult with a solicitor.

Oh dear, someone is going to feel the wrath of the mods me thinks....

[jonathanmaxton]

Employment Contract Advice

You should consult with a solicitor.

[northernladuk]

Do a search for 'handcuff' on these forums using the search detailed in the link below. Lots of discussions on this topic and lots of clear explanations of what is and what isn't enforceable...

http://forums.contractoruk.com/welco...uk-forums.html

[TheFaQQer]

"Induce, solicit, entice or howsoever endeavour to induce, solicit or entice any person who at the Termination Date was an employee of the Company or contractor engaged by the company (either directly or indirectly) who was in a senior managerial, technical, supervisory, sales or marketing capacity and with whom you had personal dealings during the course of your employment in the 2 years preceding the Termination Date, to leave the Company’s employment or cease providing services for the Company and/or accept employment with any other person, firm, company or other organisation whose business is competitive with any trade or business carried on by the company."

Can someone help with the legal clause above? I have an offer for a contract position that I need to accept ASAP but I found out that there a clause in my employment contract that may prevent me to take this offer. How enforceable is this clause and what can be the consequence if I take this offer anyway?

You agreed not to persuade someone (or try to persuade someone) who was in a senior position who you had personal dealings with in the previous two years to leave their employment / contract with the company.

Whether it is enforceable is a question that I'd ask a qualified legal professional rather than a bunch of randoms on the interweb. Ring the PCG legal helpline (assuming that you're a PCG member) and ask them for advice.

If you didn't persuade someone to leave their position, then I can't see how it is relevant to anything.

[thembamt]

"Induce, solicit, entice or howsoever endeavour to induce, solicit or entice any person who at the Termination Date was an employee of the Company or contractor engaged by the company (either directly or indirectly) who was in a senior managerial, technical, supervisory, sales or marketing capacity and with whom you had personal dealings during the course of your employment in the 2 years preceding the Termination Date, to leave the Company’s employment or cease providing services for the Company and/or accept employment with any other person, firm, company or other organisation whose business is competitive with any trade or business carried on by the company."

Can someone help with the legal clause above? I have an offer for a contract position that I need to accept ASAP but I found out that there a clause in my employment contract that may prevent me to take this offer. How enforceable is this clause and what can be the consequence if I take this offer anyway?