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Original poster

New job contract clause - normal or not?

29 replies

iamsoshocked · 27/04/2025 19:57

DS has just got his first job offer for September. It's for a Business/engineering consulting company. Looking through his contract, he called us to ask if it's normal to have a clause which says if you leave the company, you can't work in the same field for 18 months. Or words to that effect anyway.
What if he wants to move to another company? Does he have to be out of work for 18 months? That can't be right.
(we are both freelance so have no experience with this kind of contract).

OP posts:
TigerDroveAgain · 27/04/2025 20:11

18 months is very long for a non-compete in a first job!

Gymmum82 · 27/04/2025 20:10

In my line of work they have non compete clauses within a certain mile radius of the current job. As yet none have managed to make them stick.
I wouldn’t sign anything that said I couldn’t work for 18 months

Canthelpmyselffromjoiningin · 27/04/2025 20:04

Yes its normal, 18 months sounds a long time though. It shouldn't prevent him getting ANY job, it should be to prevent him from leaving and taking his current employers clients with him. I had one at my last company which prohibited me working for competitors for a period of time, can't remember how long for. You need to check the exact t+cs of the clause

ComtesseDeSpair · 27/04/2025 20:03

Non-compete clauses are subject to the common law principle of “restraint of trade”: they can’t legally enforce a clause which entirely prevents DS from working in his chosen field / field of expertise. They can insist that he signs a non-disclosure agreement if he were to leave to work for a direct competitor, or place some restrictions on him starting a directly competing business of his own (such as not contacting the customer base he created through his employment), but anything beyond that is too broad.