[Gllug] [OT] Non-compete clauses in employment contracts

[Alistair Mann]

Thus spaketh Rev Simon Rumble on Thursday 03 February 2005 15:50:
> Hey folks.
>
> I have a non-compete clause in my contract that specifically mentions
> the company's clients.  Purely theoretically, how much value can you
> place on these clauses in contracts, in an IANAL context?

One thing to remember is that non-compete clauses in the UK are all or nothing 
affairs -- if any part of the clause is unenforceable, then the entire clause 
is struck out. A clause that refers to the company's clients with no further 
limitation is of questionable validity: a court might well consider it to 
mean "no clients, anywhere on planet earth or at any time in the future" and 
refuse to enforce it, and will certainly not amend it to the point where they 
would consider it enforcable. 

As to the value, that depends on what you negotiate. The smaller your pool of 
employers, the more you should ask for. Whether they can ask for that cash 
back if the clause is later struck out I know not!

IANAL.
-- 
Alistair

[ aim: LGeezerAIM | yahoo: lgeezer_yho | msn: msnpassport at lgeezer.net ]

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