Does anyone know about restrictive employment covenants?

[wickerdog]

I'm considering breaching mine. I'm not convinced they'll hold water but I'm also scared! It's a very out of date contract though, and the terms pretty wide.

What is the restrictive covenant?

Whether or not it is enforceable depends on what it says. It must be reasonably necessary to protect your employer's legitimate business interests. If, for example, it stops you from poaching customers for, say, 12 months after leaving the business it may be enforceable. However if the clause is drawn too widely it will probably not be enforceable.

I think it is potentially enforceable as although the terms are wide they are probably appropriate for the business. However, the last contract I signed was several years ago and my hours of work and salary have changed significantly. So this one is very out of date.

In practical terms I would become competition, although wouldn't directly approach clients (realistically they would come to me). However, options for me to work in this profession are extremely limited here so by preventing me from doing this my employer would be preventing me from making a living.

As an employer I have binding out clauses in my contracts. I was advised that as long as they are not excessive long (mine are 12 months) and not excessively wide - mine is 8 miles they are enforceable. I was also advised that even though you haven't signed a new contract for new hours and pay you have formed a contract by accepting the pay and the most recently signed contract would apply. I would suggest you need to seek specialist advice with your contract.

I think you're right Lone.

If you talk to a lawyer about what exactly you want to do and show them the exact clauses then they will advise.

Are you in England?