Help me understand these statements

[bean91]

Hi guys,

I have just joined, looking for a bit of advice.

I basically work for an IT company and have been offered a full time job as head of it by one of the customers we support, I would like to accept the job. Would of any of the points in my contract be broken if I were to do so ?

1. You hereby agree that you will not for a period of 6 months immediately following the termination of your employment, whether on your own behalf or in conjunction with any person, company, business entity or other organisation whatsoever, directly or indirectly:

1.1 solicit or assist in soliciting in competition with the company, the custom or business of any customer or prospective customer:

1.1.1 with whom you have had substantial personal contact or dealing on behalf of the company during the relevant period;

1.2 accept, or facilitate the acceptance of, or deal with, in competition with the company the custom or business of any customer or prospective customer within the categories referred to in paragraph 1.1

1.3 without prejudice to the generality of paragraph 1.2 above, accept, or facilitate the acceptance of, or deal with, in competition with the company, the custom or business or any of its/their associated companies.

Regards,

 

[Bri]

Standard stuff for a company in same line of work.

 

[bean91]

I guessed it would all be standard.

I am wondering if any of these points will be breached if I do leave my company and take a job I have been offered with a customer of ours.

I believe all the points below refer to me approaching the customer or helping someone else approach them.

 

[Billmccallum]

the clauses relate to poaching customers from the company and does not relate to employment issues.

I would suspect that any clause that excludes taking employment would not be enforceable, but if the new job includes poaching customers you could have major issues.

It's worth pointing out that some unscrupulous employers would head hunt people just to get details of potential customers and get rid of the employee within a year.

 

[Root 66 Woodshop]

If you take the job on would you be "stealing" work from your old employer? or is it purely an IT job that is lets say internal workings of the other company?

Personally I can't see an issue if there is no theft of suppliers/customer details or breach of company security.

 

[bean91]

Thanks guys.

I would be taking an IT Role within a company that is non IT Related.

So I certainly would not be in contact with any of their customers or have any intentions of.

The company I am moving to would be keeping on the contract with my current company for a period of time anyway due to certain software that is being phased out but still requires support.

I believe I have not done anything wrong by my contract as I am the person that has been approached not made any attempt at swaying the company or spoke to them regarding a job at any time.

 

[ethical PR]

So the client company would be looking to take you on with the view of saving money by dispensing with your current company's services?

If this is the case there might be something in their contract with your current company about them poaching staff - whether this is the case and if so, whether it would be enforceable, I'm not sure.

 

[TurricanII]

Your would be employer should also read their contract with your current employer. Many IT support companies have a clause with financial penalties in the event that the customer pinches staff.

ETA, didn't see last post!!