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Contract Change - Non Compete Clause

27 replies

NameChangePoP · 28/03/2023 15:16

Hello, I'm hoping someone more knowledgable can help.

I've been in my current role for almost 12 months. It was a totally new industry to me.
We've just been given a new part to our contract to sign which is a non compete clause for 12 months after leaving.
In my original contract there is no such clause. A few people have left for competitors which is probably why they've introduced this.
The industry is quite niche, and there aren't hundreds of different companies to go to if you want to stay within the same industry.
I'm not in a senior position, more middle management I would say, so 12 months seems excessive if I were to leave and want to stay doing the same thing.
Can I ask the legalities of this clause being added, and if it's enforceable? Do I have to sign and if I don't is it just implied that I agree?
Also, they have backdated this to the beginning of Feb, but I was only sent it today - should I change the date if I do sign?

Thanks in advance.

OP posts:
NameChangePoP · 28/03/2023 18:12

RosaBonheur · 28/03/2023 17:45

Getting advice from ACAS is a good idea.

I would be tempted to email HR saying, "I have taken legal advice about this proposed change to my employment contract and been informed that it is unenforceable as it would prevent me from earning a living in my current profession if I were to leave the company. As such, I have been advised not to sign it."

How long have you been in your current job?

Coming up to 12 months, so right now my rights are minimal.

I will call ACAS in the morning and see what they suggest.

OP posts:
Invisimamma · 29/03/2023 16:49

NameChangePoP · 28/03/2023 16:36

Nothing in contract about consult before any major changes, and no consultation about this at all. Just emailed by HR and told to sign and return.

Would I be within my rights to ask them to pay for legal advice before signing? Doubt they'd agree though.

No they probably won't pay for legal advice. Are you in a union? This is the kind of thing they are designed for and exactly why you pay your subs.

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