Urgent job contract help please

[Jobprobs]

Name changed for obvious reasons!!
Does anyone know how enforceable restrictive convenants in a job contract are?
I signed a contract 5 years ago and in that it stipulated not to work at a similar organisation within 10 mile radius.
Since that time I have had a change of job role in the organisation ( passed more qualifications) so changed from a training role to a supervisory role. I have not received a new contract since.
The pay at my existing job did not increase with the increase in responsibility and my professional qualification, and after 18 months I have become fed up and begun to look elsewhere.

I have just been offered a dream job which involves work ( of the same nature I currently do) and its work is split over 2 sites, one which is about 15 miles from my current employer and one which is only about 2 miles away.

I do not see clients directly and am not a fee earner but I do have a lot of business knowledge/ contact details which I am not planning on stealing(!) and it is unlikely my current business profits would be affected by the loss. Think legal secretary as opposed to solicitor, or nurse not a doctor etc.

The business I have been offered a job at did not exist 5 years ago when I signed the contract, and I had a different job title then.

Do these facts, combined with lack of a decent wage and the fact some of the work will be 15 miles away, mean that it is unlikely that this restrictive convenants will stand up in court or be seen as restriction of trade?

Many thanks for any advice.

[Jobprobs]

Shameless bump

[AmandaPandtheTantrumofDoom]

How long is the restriction for?

[ajandjjmum]

I think that restrictive convenants are pretty much unenforceable, as you have a 'human right' to earn a living.

If you are seriously worried about how your current employer will respond, maybe offer to confirm in writing that you have no intention of approaching their clients? Don't know how advisable that is legally, but if you want to keep contacts sweet.........

[nextphase]

I'd repost in employment issues with a restrictive covenants title. Loads of knowledgeable folk over there.

How long is the convent valid for? Could you be based at the 15miles away site for the duration?

[Lonecatwithkitten]

Some restrictive covenants "binding out clauses'" are enforceable you need specialist contract advice with your contract to know whether it is enforceable or not.

[HerbertGistcool]

Maybe get some advice from CAB?
Your employer would need to prove a loss though for it to be enforceable.

[TheDoctrineOfAllan]

I don't think you can be prevented simply from working at a similar organisation.

[hermioneweasley]

Without exact contract wording and specific on the nature of your business and your role within it, I'm afraid nobody will be able to advise.

As a rule of thumb, the more specific and the more "reasonable" the clause is, the more enforceable it is. Also, the more that you would demonstrably damage the business, the more enforceable it is. So if yo work as a receptionist and have a restrictive covenant saying you can't work for any other businesses in a 50mile radius for 2 years after leaving, it probably wouldn't be enforceable. If you have a role which is client facing, or has significant intellectual property and you have a clause whi h says you can't work for XYZ competitors for 6 months after resigning, that is more likely to be enforceable.