Restrictive Covenants

Re: Restrictive Covenants

Emmie141 — Sat, 13 Jul 2013 20:17:17 GMT

Hey philippa, The vets have this at our practice too but one of them who is looking to leave has spoken to her solicitor and he says to go ahead with applying for jobs anyway, what's the worst they can do!xx

Re: Restrictive Covenants

Elerrina — Tue, 18 Jun 2013 18:12:30 GMT

I believe some of the nurses at my practice had that in their contracts and they refused to sign in. Management gave in and altered it later on

Re: Restrictive Covenants

Philippa — Tue, 18 Jun 2013 09:39:29 GMT

Update: got told yesterday by the boss that the HR company who issued the new contract and other documents had made a mistake and that the copy the practice manager had said 6 months - something tells me they put 12 months and hoped that no-one would question it!

Re: Restrictive Covenants

Sal the 1st — Mon, 17 Jun 2013 09:32:34 GMT

if you go along to the jobcentre jobless and let them know about this they will tell you to ignore it and if the former employer decides to take it further it goes to tribunal.

Another one to look for in a contract is the inventions and innovations bit - if say you invented something that was really good and very marketable if it is in your contract the company you are working for can attempt to take ownership of that idea or invention and profit by it (I know because somebody tried this with me). The message from this is make sure you read your contract thoroughly before signing and agree to what you are signing

Re: Restrictive Covenants

Philippa — Mon, 17 Jun 2013 09:16:36 GMT

That's just silly, it's bad enough that they think they own us while we work there never mind after we have left

Re: Restrictive Covenants

chris beasley — Sun, 16 Jun 2013 20:34:20 GMT

[quote user="Dippy"]

I don't know whether it would stand up in court but I was once told (by someone who worked in a government contracts department) that if you terminate a contract eg when you leave, it is no longer valid as you have terminated it and therefore, they would have no hold over you. I know it has been used as one of those loopholes in certain circumstances (to do with property) but not sure in employment terms whether it would work!

[/quote]

My daughter , who is a lawyer, says the the contract is still valid when you leave. Only exception us when your employer breaks the contract making it void.

Re: Restrictive Covenants

Philippa — Sun, 16 Jun 2013 19:35:57 GMT

Thank you so much for everyone's input, it has been really useful and very much appreciated. So far we have signed the new contract (4 week period bits ) but not the restricted covenant bits.

Re: Restrictive Covenants

Dippy — Sun, 16 Jun 2013 19:03:19 GMT

Re: Restrictive Covenants

Laura Ringsell — Sun, 16 Jun 2013 09:22:18 GMT

A lot of companies put things in like this but unless you are in the financial/ legal or stocks and shares business where taking/ leaving with information could be a real threat to the business these things can be written but not enforced. I wouldn't worry about it if I were you, it is a threat and nothing else. In fact if anything I would be worried that they feel a 'threat' is necessary in your contract. If it came to you leaving and the threat was acted on a quick phonecall to the bvna legal team or citizens advise would set them straight. They can not obstruct you from employment elsewhere - simples! PS the way they get round this in businesses where it is a problem is you don't work your notice period, you have it as paid leave, this means you don't leave with current knowledge.

Re: Restrictive Covenants

NJ_VN — Sat, 15 Jun 2013 12:22:23 GMT

Our contract says something similar extending to our whole county! That hasn't stopped the last 4 people who have left getting jobs 20 min down the road though

Re: Restrictive Covenants

r-more — Fri, 14 Jun 2013 19:28:54 GMT

Hi Restrictive is the word for these contracts, often they are over restrictive and as a result are often unenforcable - in other words, even if an an employee were to sign it the employer would not be able to actually do anything! What a court or tribunal would look at is wether or not it prevented you from performing your occupation and/or wether or not the covenant is too broad or justifiable, if it did prevent you and/or not justifiable then they would't uphold the covenant. Veterinary nursing (and surgery that matter) doesn't give an abbundance of employment opportunities, you are bound to confidentiality issues anyway and five miles (keeping in mind that's on all sides of the practice) is a rather wide area. I've been on both sides of the employee/employer "fence" and if an employer gave me a vague covenant like that, I'd sign it (having my four weeks notice!) because quite frankly I don't think it's worth the paper it's written on! The company I work for tried this a few years ago and withdrew it when an employee's solicitor son pointed out the flaws! Have a look at www.out-law.com/page-7086 and particularly the sentence "Overall, a one-size fits-all policy on restrictive covenant clauses risks the clause becoming unenforceable".

Re: Restrictive Covenants

Philippa — Fri, 14 Jun 2013 14:22:37 GMT

Thanks Lisa, there are 4 within a five mile radius. I have transport issues though and only use a pushbike to get to and from work. We have all said that we are not happy with the new covenant and they have said well just stick with the old contract then - which means we have to give 8 weeks notice! the new one says 4 weeks and knowing how awkward they are being it is better to work through 4 weeks of notice than it is 8 weeks!

Re: Restrictive Covenants

Lisa Goodship — Fri, 14 Jun 2013 09:38:20 GMT

I have heard of this but only with vets praticing, I suppose to help prevent poaching clients. Are there many practies within the 5 miles radius you would otherwise be able to work at? If so seems pretty unfair, don't understand what they feel the risk would be, although we are amazing! Have you asked them what there reasoning is?

Re: Restrictive Covenants

Sal the 1st — Fri, 14 Jun 2013 00:34:29 GMT

you are lucky its only 5 miles - I had a 30 mile radius on one of mine!