Advice needed regarding contract & competition

[MrsAGC]

hello, I’m hoping to leave my job I’ve had a terrible few months and I’ve been offered a job in the same line of work ( oil and gas) I’ve stupidly only just read my contract which states i can’t work for a competitor or contact any customers for 6 months. I’m confused as the gent who started on the same day on the same contract ten years ago also checked his contract which doesn’t have any of this information in it’s only mine! Everything other than that on our contracts is identical. Just wondering if anyone knows of a loop hole or any way I can keep this new job as I really don’t want to turn it down. Thankyou

I can’t remember the details but some non-compete clauses have been judged to be unreasonable. Fair enough if you’re a hairdresser and you open a salon in the same street, but they can’t stop you working in an entire industry!

The fundamental question is whether your current employer could lose money as a result of you working for a competitor. For example, if you are in a position where you could take some of their customers to the competitor this clause could be enforceable. However, the clause might be unreasonable if your new job would not be competing with your existing employer, or if it means you can't get a new job at all.

You need to take proper legal advice if you want to ignore this clause. Alternatively, you may be able to negotiate something with your employer - they may agree to ignore this clause or at least make it shorter.