So much on my plate

[Babipotjam]

Feeling very down I have so much on my plate.not sure I’m coping too well.

1. Going through fertility issues with the view that ivf will be the path we have to take.
2. My job finished in July. We can’t afford for me not to have a job.
3. Currently going through redundancy it’s hell on Earth..... I hate it I feel like I’m being backstabbed. ( I am but can’t do anything until union visit)
4. I disagree with my boss on something that normally wouldn’t bother me but my resolve is low.
5. My redundancy pay would only last 7 months but I would be able not able to work for 12. ( biggest employer in area) hardly any jobs not connected to them.
6. Due to who and how the redundancy my decision is key to people fighting for jobs.
7. A job has come up it’s more money but .... where it is there has been a high turnover of staff ... the place is in a bad state ...: but the job would lift a huge weight off.
8. The job is something specific I wanted to see through until July - an 8 year project if you will. If I was to get the job then I would not be able to do so which fills me with great sadness.

Sorry to hear about your plight. I am interested (employment lawyer) in you saying that you cannot work after redundancy. Is this because of a restrictive covenant?

Yes it is.

A 12 month restrictive covenant should be challenged unless they want to pay you for it!!

Dumble can I ask how so?

Where can I find info to challenge it?

Just google employee tribunals and restrictive covenants. Get legal advice. They will more than likely not get the RC to stick as your rep will argue restraint of trade.

A RC has to be reasonable and balance the needs of a business to protect its commercial interests v employees right to earn a living. www.personneltoday.com/hr/legal-opinion-when-are-restrictive-covenants-enforceable/

12 months is at the edge of what's acceptable. It depends on the nature of your business your role and the risk of you going to a competitor. There are more that tribunals throw out than are enforced. Do you have a very niche role in a niche industry?

Visit your local Citizens Advice. A 12 month RC would normally be regarded as disproportionate, unless you are in very unique industry indeed. Even if you breached it and took a role within that time, your previous employer would have to demonstrate and quantify the financial damage that doing so has done to their business, which is nigh on impossible. Past EU decisions tend to regard Draconian RCs as an unfair restraint on trade, and therefore illegal in themselves.
Get advice.