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spit-fire · 09-12-2005, 09:01

Hi all,

if you have signed on contract that you will not do work for clients of the company you worked for for 12 months after leaving - how does that work??? something I signed 4 years ago but since being made redundant I have had one of the bigger clients approach me to do their work but not sure how I would stand legally on this issue??????

anyone shed light on this?

cheers

cam · 09-12-2005, 09:10

While not a lawyer, I'd assume it would leave you open to legal action by your previous employer (for breach of contract, much like a confidentiality clause that still remains in effect after you've left them). Be up-front about it with the client that approached you, and try and work something out amicably rather than hoping the other company won't find out.

spit-fire · 09-12-2005, 09:18

Hi Cam,

thanks for reply. I have decided not to do work for that client, I did give reasons about contract and throwing away the 4 and a half year reference that I have. Annoying as I developed this client massively whilst the company couldnt really be bothered. Cest la vie

thanks again for reply, just curious how they can enforce it becuase technically they made me redundant so no contract applies also someone told me there is some age old law that states you cannot stop someone from feeding themselves by being paid for work that they are skilled in regardless of contract or terms. Thought that was interetsing.

finbarr · 09-12-2005, 09:22

Quote:

Originally Posted by spit-fire

just curious how they can enforce it becuase technically they made me redundant

I would agree... technically they cant stop you from doing anything - that would constitute a breach of your rights, surely. If I was you I would get in contact with the citizens advice bureau to clarify this

datahound · 09-12-2005, 09:44

I had a salesman work for me once, farmed some of his old contacts.

Previous employer sued him for £10,000 and won.

datahound · 09-12-2005, 09:46

Are they paying you any money for redundancy?

If not perhaps you could talk them into letting this client go as a gesture if they are not particularly interested in it.

spit-fire · 09-12-2005, 09:51

Quote:

Originally Posted by datahound

I had a salesman work for me once, farmed some of his old contacts.

Previous employer sued him for £10,000 and won.

Fuck me! that's heavy. I did get a measily pay off, but thanks for the heads up.

Like I say I did think long and hard about it and believe all in all the best option is to leave well alone.

d*d · 09-12-2005, 10:00

Quote:

Originally Posted by finbarr

I would agree... technically they cant stop you from doing anything - that would constitute a breach of your rights, surely. If I was you I would get in contact with the citizens advice bureau to clarify this

They can if you signed a contract, and the contract is in place to stop exactlty this sort of thing from happening

cam · 09-12-2005, 10:04

Quote:

Originally Posted by d*d

They can if you signed a contract, and the contract is in place to stop exactlty this sort of thing from happening

That's not always true - just because you've signed a contract doesn't mean it's legally binding. There are lots of laws in place to protect people from signing away certain rights - whether or not this would be covered I've no idea. Going to the CAB or a solicitor with a copy of your contract would be the only of finding out for sure.

d*d · 09-12-2005, 10:38

Quote:

Originally Posted by cam

That's not always true - just because you've signed a contract doesn't mean it's legally binding. There are lots of laws in place to protect people from signing away certain rights - whether or not this would be covered I've no idea. Going to the CAB or a solicitor with a copy of your contract would be the only of finding out for sure.

I agree- if it's an unfair contract, it can be contested. These kind of contracts are pretty common though so I'm not sure how much luck he'd have.

but since I too have signed away six months to one of these kinds of contracts if I finish in my current job (it actually states I can't work for a competitors company which I think is unfair). I'd be interested to know how legally bindingthey actually are

finbarr · 09-12-2005, 10:52

Quote:

Originally Posted by d*d

I agree- if it's an unfair contract, it can be contested. These kind of contracts are pretty common though so I'm not sure how much luck he'd have.

but since I too have signed away six months to one of these kinds of contracts if I finish in my current job (it actually states I can't work for a competitors company which I think is unfair). I'd be interested to know how legally bindingthey actually are

I think the issue here is the fact that he was made redundant... thats why its not clear-cut

Mr Fred · 09-12-2005, 10:57

haha our company spent 5k having contracts drawn up for the design team.

It stated that we couldnt work for competitors, also we couldnt work for 12 months afterwards in same industry or even mention other companies on work time.

we refused to sign them.

that was 6 months ago - hasn't been mentioned since.

tomson · 09-12-2005, 11:41

Quote:

Originally Posted by d*d

These kind of contracts are pretty common though so I'm not sure how much luck he'd have.

agreed - most agencies include a similar clause. If you don't agree with it don't sign the contract... just like mickey

oli · 09-12-2005, 12:03

Quote:

Originally Posted by Mr Mik

also we couldnt work for 12 months afterwards in same industry or even mention other companies on work time.

So if you left, you'd have to be a bin man for 12 months ?

Mr Fred · 09-12-2005, 12:04

correct - if i had signed it.

i had country and western singer penciled in.

dan · 09-12-2005, 12:22

haha, yep, same thing at my old place. No working for clients for a year and no working the same job either - effectively anyway. We didn't sign either, and I resigned. Haha.

spit-fire · 09-12-2005, 13:15

Shit! cant believe they wanted you to sign away the right to work in industry for 12 months, some people are so far up their own arseholes it is unbelievable. What di they think you were going to do for that 12 months sit inside a big tupewear box and wait for a year to pass, i mean...

Dusteh · 09-12-2005, 13:53

I believe I am not allowed to work for another design firm in the same area for 12 months after leaving. I am not entirely sure if the 'area' is specified. I'm assuming it was either the town or county.

spit-fire · 09-12-2005, 19:05

Quote:

Originally Posted by Dusteh

I believe I am not allowed to work for another design firm in the same area for 12 months after leaving. I am not entirely sure if the 'area' is specified. I'm assuming it was either the town or county.

I still think that is bad! how can they do that? so what have you done?

09-12-2005, 09:01	#1 (permalink)
spit-fire Registered User Join Date: Nov 2005 Location: Staffordshire Posts: 63	1 year cool off! Hi all, if you have signed on contract that you will not do work for clients of the company you worked for for 12 months after leaving - how does that work??? something I signed 4 years ago but since being made redundant I have had one of the bigger clients approach me to do their work but not sure how I would stand legally on this issue?????? anyone shed light on this? cheers

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09-12-2005, 09:10	#2 (permalink)
cam vague™ Join Date: Mar 2004 Location: Glasgow Posts: 5,177	While not a lawyer, I'd assume it would leave you open to legal action by your previous employer (for breach of contract, much like a confidentiality clause that still remains in effect after you've left them). Be up-front about it with the client that approached you, and try and work something out amicably rather than hoping the other company won't find out.

09-12-2005, 09:18	#3 (permalink)
spit-fire Registered User Join Date: Nov 2005 Location: Staffordshire Posts: 63	Hi Cam, thanks for reply. I have decided not to do work for that client, I did give reasons about contract and throwing away the 4 and a half year reference that I have. Annoying as I developed this client massively whilst the company couldnt really be bothered. Cest la vie thanks again for reply, just curious how they can enforce it becuase technically they made me redundant so no contract applies also someone told me there is some age old law that states you cannot stop someone from feeding themselves by being paid for work that they are skilled in regardless of contract or terms. Thought that was interetsing.

09-12-2005, 09:44	#5 (permalink)
datahound Spare Parts Join Date: Jan 2005 Location: Bracknell Forest Posts: 4,586	I had a salesman work for me once, farmed some of his old contacts. Previous employer sued him for £10,000 and won.

09-12-2005, 09:46	#6 (permalink)
datahound Spare Parts Join Date: Jan 2005 Location: Bracknell Forest Posts: 4,586	Are they paying you any money for redundancy? If not perhaps you could talk them into letting this client go as a gesture if they are not particularly interested in it.

09-12-2005, 10:57	#12 (permalink)
Mr Fred Magazines™ Join Date: Mar 2003 Location: Glasgow.. Posts: 11,275	haha our company spent 5k having contracts drawn up for the design team. It stated that we couldnt work for competitors, also we couldnt work for 12 months afterwards in same industry or even mention other companies on work time. we refused to sign them. that was 6 months ago - hasn't been mentioned since.

09-12-2005, 12:04	#15 (permalink)
Mr Fred Magazines™ Join Date: Mar 2003 Location: Glasgow.. Posts: 11,275	correct - if i had signed it. i had country and western singer penciled in.

09-12-2005, 12:22	#16 (permalink)
dan Iris Folder Join Date: Apr 2003 Location: smokey Posts: 2,672	haha, yep, same thing at my old place. No working for clients for a year and no working the same job either - effectively anyway. We didn't sign either, and I resigned. Haha.

09-12-2005, 13:15	#17 (permalink)
spit-fire Registered User Join Date: Nov 2005 Location: Staffordshire Posts: 63	Shit! cant believe they wanted you to sign away the right to work in industry for 12 months, some people are so far up their own arseholes it is unbelievable. What di they think you were going to do for that 12 months sit inside a big tupewear box and wait for a year to pass, i mean...

09-12-2005, 13:53	#18 (permalink)
Dusteh Sir digby chicken caesar Join Date: Sep 2004 Posts: 4,031	I believe I am not allowed to work for another design firm in the same area for 12 months after leaving. I am not entirely sure if the 'area' is specified. I'm assuming it was either the town or county.

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