Contract 12 month clause

(8 Posts)
imnottoofussed Mon 04-Feb-19 19:40:30

If a contract of employment says that within 12 months of leaving for whatever reason you will not do xyz, how would an employer enforce this?

Trying not to be too outing but I've recently been given a new contract to go with a job role I've been doing for about 6 months. It says if I was to leave of my own will or otherwise I wouldn't be able to do that task for 12 months. It's not a task exclusive to them think for example it says web design, or cleaning, or admin, or payroll.

I've got a few days to read over it before signing so am planning to speak to my manager about it but what if they don't agree to change it?

I'm not planning to leave but if after years there I ended up leaving, then I wouldn't be able to get a job in any other field as my experience would be in that role if that makes sense.

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flowery Mon 04-Feb-19 19:47:55

Whether it's enforceable or not depends on the precise detail of the clause wording and also the context, of your role, the industry, etc. Post-termination restrictions aren't easy to enforce, and they need to be justifiable and as narrow as possible to protect the business interests of the company in order to be enforceable.

If they don't agree to change it, does it matter? If you've been doing the job under your old contract for 6 months, is there a reason you need a new one? Are they making a pay rise conditional on it or something?

imnottoofussed Mon 04-Feb-19 20:08:56

They are giving everyone new contracts specifying the correct job roles I think as everyone has been doing a variety of different things to what they were actually employed for in the first place.

The clause mentions the nature of our business so we couldn't go and get a job as a competitor which is understandable, however it also mentions my specific job role which I find a bit odd. Nobody else's specific role is mentioned. So basically if I left I couldn't get a job doing what I am doing now without threat of legal action from them.

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HermioneWeasley Mon 04-Feb-19 20:34:08

Are you very senior?

imnottoofussed Mon 04-Feb-19 21:44:31

No I'm basically a payroll administrator (hopefully boss isn't on Mumsnet)

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imnottoofussed Mon 04-Feb-19 21:45:42

I'm wondering if my colleagues contracts mention their particular job in the clause. I'll hopefully find out tomorrow.

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HermioneWeasley Mon 04-Feb-19 21:54:07

So you’re in an admin role and they are saying you can’t do your role for anybody else for 12 months?

Courts are very wary of enforcing covenants that restrict people unreasonably earning a living, what they are doing would fall into that camp.

A CEO could be prevented for working for a competitor for 12 m8 the, but not being a CEO for any company.

Either sign it in th knowledge that they can’t enforce and don’t give another thought, or challenge on what they think they’re doing.

I winder if they think they’ve found a cunning way to stop employees from being able to resign 😂😂😂


imnottoofussed Tue 05-Feb-19 07:27:38

Yes it's all very bizarre confused thanks for your thoughts anyway always good to chat through with someone else a bit

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