Getting a new job - contract restrictions

[Adviceplease123456]

I have changed the industry for this so as not to be outing so I hope this makes sense!
For the past 10 years or so I have worked for a company which books European cycling holidays for people.
I left to work for one of the main suppliers we use to provide the bikes where I’ve been for a couple of years now.

I didn’t receive my contract until a while after I’d started - so I couldn’t review it before I accepted the job!!

it states that for 6 months after termination I can’t work for either another company who supplies bikes in Europe (fair enough that would be a direct competitor) OR any company which organises cycle holidays in Europe.

I’ve been approached about a very good job working for another company which organises cycle holidays. They are a client of the company we work for now - and a very good one at that, bringing in a lot of revenue.

without being able to either move jobs to a competitor or back to the other side selling to the public - I am absolutely stuck with what other job I could possibly do with my experience. It seems incredibly unfair as it’s my entire career.

can they do this? What would realistically happen if I did go and work for this new company? There would be no loss of earnings for them - if anything the opposite as I am a big advocate of where I currently am, and would aim to increase business. I just don’t like the current role I’m in, and the earning potential is smaller.

they could presumably sue for breach of contract but on what grounds if they’re not losing anything?

I’d be tempted to run this past an employment lawyer for a quick opinion. Non-compete restrictions are generally getting harder and harder to enforce in law when they are broad in scope and very broadly stated geographically for exactly the reasons you state - it’s punitive to an individual employee rather than actually defending a company’s IP or goodwill or trade. Employers chuck them in all over the place just because they think they can get away with it.

If I’m right You could then take the legal opinion to your HR director and manager when you quit and suggest that you are leaving on a very amicable basis but do not expect them to try and enforce the anticompetitive clause which is written in such a way that your rights have been infringed.

If the company you have offered you a job are a good client of your current company, it will be in their best interest to let you go.

Say you are interested and go from there, if they want you they maybe able to negotiate with your current employer.

Ok thank you. I’ll run it by someone to make sure.
I would be leaving on very good terms as is now, it’s just a case of really needing to earn more money as family things have changed.
if they were to refuse to let me go or threaten to sue I think it could cause a lot more hard as the client I’d be going to would be pretty put out and could very easily look for a new supplier.
I really love both companies and don’t want to mess anyone around so I’ll find out my rights and then chat to HR.

Take advice, but pretty sure a term that would make it impossible to ever work in your industry again is going to be unenforceable.