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Contract help please for my daughter

(7 Posts)
Greenkit Mon 04-Jan-16 14:16:12

My DD has almost completed a level 3 childcare qualification apprenticeship. She has just received a new contract from her employer, but because the employer has messed her around so much over the past two years (A whole other thread) she will not be taking up the position..

However there is a clause in both her apprentice contract and the new one (Picture included) please can you tell me if the employer can enforce it at all.

I think it reads that if she leaves, she is unable to get a job within childcare within a 20mile radius of the current work address for 24months...surely this cant be right?

Greenkit Mon 04-Jan-16 14:16:41

Sorry its sideways

Lonecatwithkitten Mon 04-Jan-16 15:04:54

I have these type of binding out clauses in my staff contracts. They must be reasonable and must not prevent staff from earning a living.
Examples of reasonable ones would be hairdresser not working with half mile of salon for two months after leaving ie. Most clients are local and have their hair redone within a two month period. When my DD was in nursery both staff and parents agreed to not directly employee (nanny) a member of staff within 12 months of them leaving nursery.
Not working for 24months within a 20 mile radius in childcare would fall into the unreasonable type and almost certainly would not stand up in court. She needs to raise this as a condition that she is not prepared to accept with her employer and maybe suggest a compromise depending on the the area you are in for example in a large city not working for another childcare provider within 1 mile in the first two months.

Greenkit Mon 04-Jan-16 15:28:22

Thank you

She accepts she wont poach any clients from the employer, but we live in Bristol so 20mile radius means she loses out on most of where we live.

Thank you I will ask her to raise it

jendot2 Tue 05-Jan-16 19:13:04

That is TERRIBLE and is not a condition she should agree to! 2 miles....maybe ....20 miles NO WAY !

Cindy34 Tue 05-Jan-16 20:57:26

It says "in business" so I would view that as meaning she can not run her own business in anyway but could work for someone, especially a very small business like a parent employing a nanny.

The clause before it would prevent her nannying for a family she had met through working at the nursery.

Greenkit Wed 06-Jan-16 14:26:26

She has been with this lady for 18months, while doing her apprenticeship, however if she signs this new contract she will be considered a new employee and will have to start again going through a probation. This cant be right either surely?

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