Legal Question

Discussion in 'Chit Chat & Introductions' started by Mr B shine, May 25, 2013.

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  1. Mr B shine

    Mr B shine Active Member
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    If you have been working for someone covering an area the size of Buckinghamshire and part of Oxfordshire can they legally stop you from setting up on your own?

    Even if you had to sign something when you started working for them to say you wouldn't it has got to be far to big an area and is restrictive trading.

    Anyone any experience of this?
     
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  2. Major_MInus

    Major_MInus Active Member
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    It will be within a certain radius of a specific area generally. I've signed a contract in the past (not window cleaning related) that stopped me working for other similar companies within a certain miles radius, for 6 months after leaving.

    It all comes down to what is says in the contract really, if the contract says that you can't work within so many miles radius, which includes both Buckinghamshire and Oxfordshire then in theory you shouldn't.
     
  3. Mr B shine

    Mr B shine Active Member
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    just because something is in a contract does not mean it is binding that's why I am asking
     
  4. Major_MInus

    Major_MInus Active Member
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    I would imagine that it is binding if it's a contract... whether it comes into play is up to the other company I guess and whether they would choose to take any action.

    If it wasn't binding, it would sort of defy the point of a contract though, lol.

    An old employee at where I used to work breached these terms but got away with it because the owner of the company didn't take any action. Maybe it's worth more hassle than it really is and is more of a scare tactic lol but I suppose could also end up with legal action being taken, depends on the owner I guess ultimately.
     
  5. Mr B shine

    Mr B shine Active Member
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    I have seen enough contracts to know a fair few aren't worth the paper they are written on.
    This is simply because you have other laws which carry more weight,
     
  6. Richard

    Richard Forum Addict
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    [SIZE=medium]If you don’t understand your contract, or have doubts about it, take your contract to a legal expert. There’s no point in asking us/forums or Joe Blogs.[/SIZE]

    [SIZE=medium]Richard[/SIZE]
     
  7. Mr B shine

    Mr B shine Active Member
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    There is plenty of point in asking, some on here may have had the same thing at some point.

    To me the geographic area that is being restricted is far to big to stand up as the company would need to prove I was detrimental to there business but as I have no intention of going after their customers I would not be affecting their business in anyway.

    I understand exactly what my contract says I am interested in knowing if others on here have had this same issue
     
  8. OoO

    OoO Guest

    Get off my patch.
     
  9. Richard

    Richard Forum Addict
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    [SIZE=medium]Post your contract on the forum, why you ask if you understand what it means! You either know you are breaking the terms of the contract or you don’t understand.[/SIZE]

    [SIZE=medium]The company would only have to prove you are in breach of the contract – I’m not having a go at you Mr B Shine, but I think it’s worth the small cost to have a legal expert look it over for you. [/SIZE]

    [SIZE=medium]Richard [/SIZE]
     
  10. Richard

    Richard Forum Addict
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    [SIZE=medium] It’s not a case of ‘get off my patch’ Damo; it could be a binding contract, contract that’s enforceable. Depends on the contract, he needs to have it looked over.[/SIZE]

    [SIZE=medium]Richard[/SIZE]
     
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