@Lushmetender
Yeah they’ve said I can’t start in new company till 3 months after I’ve left. HR trying to get me out of that part of clause as start on 23 may 2022! Dunno they drive you out and then funny when you finally say you are going! Don’t understand them at all! They’ve driven away 4 directors.
As
@HermioneWeasley said, non compete is different to notice/garden leave. However, it is common to have a clause linked to if you’re put on garden leave, the Restrictive Covenants are then reduced, for each day on garden leave. Some businesses won’t put on GL to ensure the RC stacks up post departure, other put on GL for it to stop at the end of GL.
Separately, with RC there may be a clause about working for a competitor and/or stealing customers, suppliers or colleagues for a period after you’ve left (eg 3 months) but this is normally in a pretty senior position.
As a team leader, I’d be surprised if you have this in. The clause wording is everything here, difficult to advise without seeing it.
What I will say is that breaching a restrictive covenants clause is very hard to prove. You could technically work for the competitor after you’ve left, and your old employer would have to prove that you have had a detrimental affect on their profits / sales / branding etc. We have had someone leave us and join a competitor, but “technically” not doing the sales job for the first 3 months, they had him in training / induction / learning the business and not actively selling. We’ve also done similar with a new comer - they’ve been employed elsewhere in a “projects” role until their RC lapsed.
Other point to consider, will the competitor waiver any legal challenges that come your way? Worth asking the question of their HR function or your contact. We’ve done that too eg. Join us, and we’ll fight any battle your old business may or may not take with you.