I've just started my maternity leave for my second baby, and I informed my (very small) company I intend to take a year away. In reality I plan to set up my own company which would be in direct competition and likely to steal clients. I'm not setting out to poach clients, I'm aware that a lot of them are unhappy with my replacement and have voiced that if I were to go it alone they would join me.
I plan to quit on Jan 1st once I receive my bonus in my December pay packet. 😬
I have a contract which stipulates a non competition clause for 6 months after termination. My notice period is 3 months. As such, I plan to start trading on 1st September.
This contract came into play when a colleague went to a competitor, and before then my contract was just my hours and job location!!! I haven't signed the new contract, mainly because of what I'm planning, and also because I don't think it's agreeable to not work for a competitor for six months. I am happy to stick to the terms of the unsigned contract if I need to, and as a courtesy to my boss.
My questions are:
Does it matter that I haven't signed my contract? You could argue I've been agreeing to the terms by coming to work. There is a lot of info in there about bonuses at certain times of the year which have not met so not sure it's worth the paper it's written on anyway.
Competitor clause - again as I haven't signed the contract is this enforceable? Can I start trading before the 6 months?
Aside from being morally dubious, is it ok to receive my bonus and quit the next day?
And finally, I know I'll still qualify for a few weeks of stat mat pay once I quit. Are there any legalities with my date of termination and still receiving this from my current company?
All of this will majorly piss my boss off, but I've not been supported by him through my return to work with my first child, and he doesn't seem to care about my dept. I know I can do a better job than him and push elements which he doesn't care about -namely women in our sector!
Any advice gratefully received.
Thank you!
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Using mat leave to set up my own rival company
4 replies
LucyLucyLucy1 · 27/08/2019 10:38
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