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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To leave & work for the competition?

46 replies

ladyattheback · 29/07/2021 22:29

I changed jobs 2 years ago after having many years of experience under my belt in my profession. I was tempted into a role in the private sector. The pay and opportunities seemed great.

However from the day I started the job it wasn't what I was told it would be in the offer letter - a huge part of the role was not going to happen. I've spent the best part of my time since working on some very diverse projects and I've got good relationships with my colleagues, and they are great people, but l just don't like the job because it's not what I signed up for and is really stressful. I've given it a good shot but decided last month to start looking for another job. I had no intention to look to at working for the competition, even a complete change of scene would have been fine (but hard to match a salary on).

Last week, an opportunity came up to work for a direct competitor and they've asked if I'd consider working for them in a more niche area which would suit me. This company would have been in my top two to work for before I got my current job, and I know one or two people there well. I know that leaving where I am now would cause a problem for the people I work for. I'm not sure how often this happens in private sector jobs. Some senior people where I work now have worked for competitors before, but I've never done anything like this and I feel quite bad about doing it.

Am I wrong to leave this job so soon and work for a competitor? They are great people but I don't like the work. I'd constantly bump into my current colleagues at promotional shows and would feel initially very awkward. The pay is pretty similar so not a factor.

OP posts:
Mandalay246 · 30/07/2021 08:30

Happens all the time OP. Go for it.

sailmeaway · 30/07/2021 08:31

`go for it! you've been there plenty of time to take a better opportunity, plus garden leave is FAB! You get a free paid holiday - in my industry it's pretty common. You can also negotiate your way out of GL if it's too long for the new employer but most will be happy to wait for you. It's better to wait 1-3 months for the right choice than to go for your 2nd choice...

sailmeaway · 30/07/2021 08:33

'How can they possibly tell you not to work for a competitor once you’ve served your notice?'

These are unenforceable... if you work in a specialised industry it's unreasonable to ask you not to go to a rival. We have these at our company and they are recognised as unenforceable... we also have a clause saying you can't take any staff with you within a year - again, it has happen and we've done nothing about it because it's not worth the hassle and cost of trying to prevent someone who wants to leave from leaving...

Queenoftheashes · 30/07/2021 08:49

Good lord just leave. I did this last year. Didn’t even get gardening leave sadly. Company before would put people on gardening leave but not me as I changed industry. Senior/exec level staff had non competes ime. Most people just got a new job and cracked on.

Marmitemarinaded · 30/07/2021 08:54

Absolutely enforceable if
Reasonable
In legitimate business interest of the company

This is my area. It is enforceable
And is enforced

Marmitemarinaded · 30/07/2021 08:54

In quite a few instances in my experience

Persephonesgrove · 30/07/2021 08:56

I have seen non competes enforced several times. Not even in just in my own industry. Oddly, I know lots of people who work in the beauty industry be really stung by them.

But doing a period of gardening leave is a far better option than trying to prevent someone going to a competitor. Better for all involved.

Marmitemarinaded · 30/07/2021 08:59

@sailmeaway

'How can they possibly tell you not to work for a competitor once you’ve served your notice?'

These are unenforceable... if you work in a specialised industry it's unreasonable to ask you not to go to a rival. We have these at our company and they are recognised as unenforceable... we also have a clause saying you can't take any staff with you within a year - again, it has happen and we've done nothing about it because it's not worth the hassle and cost of trying to prevent someone who wants to leave from leaving...

Just one example

www.pinsentmasons.com/out-law/news/uk-supreme-court-upholds-non-compete-clause-in-landmark-judgment

fabulousathome · 30/07/2021 09:00

Two years is ages. My DC in early 30s regards two years as a good amount of time to work for a company before moving on for more responsibility or better pay.

I guess it depends what sector you are in.

YouthfulIndiscretion · 30/07/2021 09:02

Yes, extended non-compete clauses can be valid. I’ve been following the case law with interest and irritation for a while because I’ve got one on my contract which I previously assumed was unenforceable- now not so much.

NewPapaGuinea · 30/07/2021 09:05

How enforceable are non-compete clauses anyway? Will they likely bother?

Disfordarkchocolate · 30/07/2021 09:09

Go for it, two years in a role is more than respectable.

Persephonesgrove · 30/07/2021 09:10

@NewPapaGuinea

How enforceable are non-compete clauses anyway? Will they likely bother?
Really depends on the industry and the owners of the company.
senua · 30/07/2021 09:26

@ladyattheback

Thanks everyone for the advice on non-competes. There is no mention of it, but 'restrictive covenant' means the same from what I can see. I've read it in my contract to mean I can't approach clients of the original employer for a set period of time after leaving but I can't see anything about not being allowed to work for another competitor. I think I'd be best to seek professional advice on this though certainly.
While you are looking at the contract you are leaving, get them to look at the new contract you are signing up to so you are not in the same place in a few years' time.
Mummadeze · 30/07/2021 09:31

I handed my notice in to work for a competitor for various reasons including higher pay. My employer offered to match my new salary but I still defected as the other company was slightly higher profile and it was a good career move. I loved where I worked before and still miss it two years on, but don’t regret my decision.

HeyDemonsItsYaGirl · 30/07/2021 09:33

Two years is not "so soon!" Plenty of people move companies every 2-3 years by design.

They also cannot dictate who you work with after you leave. They can write it into your contract if they like but it's completely unenforceable.

Queenoftheashes · 30/07/2021 12:22

It doesn’t sound like OP has anything in her contract about going to work for competitors anyway.

newnortherner111 · 30/07/2021 12:38

Not wrong to leave especially if the job is more the line of work you prefer, but do check notice periods and other aspects of your contract.

omgthepain · 30/07/2021 13:31

@ladyattheback

Look out for yourself and do what's right for you

Good luck 🤞

ladyattheback · 30/07/2021 20:17

Thank you so much everyone for your time, advice and support with my questionFlowers. It has REALLY helped me so much to know lots of people make these moves, and I need to review the contract clauses carefully. I promise I'll update this thread if I go for the offer. I'm meeting the other company next week. Thank you, Thank you Smile

OP posts:
HeyDemonsItsYaGirl · 31/07/2021 15:53

Best of luck lady!

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