Please can anyone help with a HR/ Matt leave qu?

[lufanian]

Hello,

I wonder if anyone can help me with a HR qu please? I would really appreciate some advice please! Will bullet point below;

I am an estate agent, started with the company and signed contract over 10 yrs ago.

Have had many different job titles over the years and not signed a new contact for every new job title (maybe a couple of times)

I have been on maternity leave since Dec 2021.

My contract states; You will not within a radius of a mile from the companies premises at (address of where I worked 7 yrs ago but not since) or any other office from which the company trades in which you worked in the last 12 months of your employment and for a period of 6 months after the termination of your employment.

Oct 2021 I moved to a different office for 2 months before going on matt leave

I would like to take a new job also for an estate agent which is within a mile of the office I have been based at for the majority of the last few years.

I have started my career in lettings, have worked in Sales for 2 years and the new job is in lettings again.

I plan to give my notice when i receive my last maternity payment end of sept.

i’ll be giving my current work 3 months notice and will not have physically worked within a mile of the new company since Oct 2021 - 14 months from when I plan to start.

Just giving as much info as poss but I think my question really comes down to; as I have not physically worked within a mile for 14 months (12 months of matt leave) will I be ok to take this new job?

Thanks so much for any advice this is all gobbledygook to me

x

I think that as you are considered as employed when on ML your current company could attempt to enforce the non compete clause in your contract.

Although it may be more hassle for them than its worth to do so - especially if they aren't suffering any "detriment" from it (e.g, clients being poached, confidential business knowledge being passed on, etc.)

IANAL though

Thank you, I appreciate your help.

Just came on to agree with PP. As you are employed whilst on ML, if you moved to your new office in Oct 2021 and are handing in your notice in Sep 2022, there will be an overlap and they are within their rights to enforce the clause. The time it would take (and the cost) to legally enforce that clause with you and take their claim all the way would make it a lot of hassle. I wonder if the clause is because they have a non-compete agreement with their competitors or because they are worried about you sharing company info - that may make a difference on what they are likely to do. Has anyone been in your position in the past that you know of?

While technically you are still employed in that office during your Maternity leave, I would think that if you haven’t been into the office and had access to the confidential client information during that time then they would find it hard to justify enforcing the clause. It’s a unusual situation. I’m never sure how enforceable these clauses are in reality. ACAS might be able to give you some free advice although I find they tend to tell you “best practice” rather than what is the absolute legal situation. Alternatively if you have legal cover on your house insurance, might be worth checking if that covers employment law too. I would say it would be low risk to accept the new job and argue that you’ve effectively not been there a year but it wouldn’t be no risk. Have you got a firm written job offer from the new role?

Thanks everyone. Not seeming as straight forward as I hoped but I would definitely check if I have some employment law within my home insurance.