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Legal Question

Mr B shine

Member
Messages
156
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?

 
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.

 
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.

 
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,

 
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?
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.

Richard

 
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

 
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.

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.

Richard

 
Get off my patch.
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.

Richard

 
Sounds like you worked for a window cleaning company and now want to start up on your own in the same area.

 
Once you stop working for the company your contract is terminated ie. it no longer exists.

It's therefore impossible to tie you to and you are free to work wherever you like.

The clause in the contract is there as a scare tactic. That's why top bosses get huge payoffs which incorporate a period of salary (6 months say). This means the contract is still valid for that period so they can't work.

 
If I came and worked for you for 3 months (or a year or 2), got to all know your customers, then handed in my notice and took all or most of your customers. That’s perfectly ok because you didn’t make me sign a contract. If I sign a contract it isn’t ok.

Richard

 
They would have to prove loss of earnings through your work. ie you go to their customers houses knowing prices, frequency etc you then steal their customers in the said area they would have to then pay to take you to court with the proof you have done this.

If they are losing nothing, what could they claim for? Lost prospective future maybe customers?

Just set up, be professional and friendly and reliable and you will be okay.

It's a safeguard on their round, very difficult to prove. Costly and timely I would expect.

Don't knowingly poach or steal customers you know that they have.

It's not rocket science.

 
No they wouldn’t have to prove loss of earning, just breaking the contract.

And you’re right it isn’t rocket science, it’s straight forwards because it’s in writing.

Richard

 
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.

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.

Richard
I don't think you are having a go and I am not posting my contract on a forum.

The law says (as someone has said that any contract is invalid once you stop working for someone)

however this is the law we are dealing with and it is a very fluid and interpretive beast but it does state that any geographical restriction must be reasonable and I am pretty sure that a shire and a half is not going to be counted as such, the only thing that would make it work is if they could prove that I would damage the business and as I have no intention of going after their customers then it wont and they can only go on what they have now not what they want in the future.

I am asking if anyone has been in a similar position that's all.

 
No they wouldn’t have to prove loss of earning, just breaking the contract.

And you’re right it isn’t rocket science, it’s straight forwards because it’s in writing.

Richard
yes but the contract has to be deemed reasonable

 
just because something is in a contract does not mean it is binding that's why I am asking
This cannot be a serious question. I defy it to be.

May I ask Mr B, what is the point of a contract?

 
I don't think you are having a go and I am not posting my contract on a forum.

The law says (as someone has said that any contract is invalid once you stop working for someone)

however this is the law we are dealing with and it is a very fluid and interpretive beast but it does state that any geographical restriction must be reasonable and I am pretty sure that a shire and a half is not going to be counted as such, the only thing that would make it work is if they could prove that I would damage the business and as I have no intention of going after their customers then it wont and they can only go on what they have now not what they want in the future.

I am asking if anyone has been in a similar position that's all.
Not all contracts are invalid after you stop working for them, I get the impression the type of contract you are talking about is such, you know best. Why don’t you speak to them, tell them what you want to do, get them to make anything you signed invalid, and get it in writing.

Richard

 
yes but the contract has to be deemed reasonable
I agree, but thats what you are looking for something that is unreasonble in the contract. Thats why I surgested you get an expert to look at it.

Richard

 
No they wouldn’t have to prove loss of earning' date=' just breaking the contract.[/font']
And you’re right it isn’t rocket science, it’s straight forwards because it’s in writing.

 


Richard



And how would they prove a breach of contract Tecbuk?



That's right unless they lost work there would be no claim.


 
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