Non-compete Contract

[Ross_M]

Hi,

Looking for advice!

I have recently been made an employment offer from a direct competing company of my current employer

In my current contract it states:

"The employee agrees that he shall neiter during his employment nor the restricted Period either on his own account or on behalf of any other person, firm or company (and whether as an employee, director or consulant or in any other capacitywhatsoever) directly or indirectly:

1) anywhere within the restricted area in competition (i) to be employed in, or (ii) perform services in respect of, or (ii) be otherwise engaged in the research inot, development, manufacture, supply, sale or marketing of any product or service which is the same or of a similar type to those products or services with which he was personally concerned on behalf of the company at the time in a relevant period.

2 (i) solicit, or (ii) assist in soliciting, or (iii) accept, or (iv) facilitate the acceptance of, or (v) deal with in competition with the company the custom or business of any customer or prospective customer of the company with whom he had material contact or dealins on behalf of the company at any time in the relevant period.

3 (i) induce, or (ii) solicit, or (iii) entice, or (iv) procure any person who is a restricted emplyee to leave the employment of the company,

4 interfere or attempt to interfere with the business relations subsisting between the company and any person, firm or company who was a supplier, agent or distributor of the company at any time during the relevant period.

5 relevant period means the period of 12 months immediately preceeding the termination date."

I am no HR legal expert so wondering what rammifications could be pursued by my current company should I take any offer.

I must note that I may have option to become employed under a German employee contract? Could this be a viable option?

Many thanks for your comments.

 

[LeeMiller]

Hi,

I'm only answering this due to lack of any other advice as I've not personally dealt with any cases of this type. Would ascertain that it would be dealt with under the ''The Intellectual Property (Enforcement, etc.) Regulations 2006'' and the subsequent modifications to existing legislation contained within.

A brief scan of the legislation makes note of ''registered designs'' and the ''patents act.''

I will however note the Unfair Contract Terms Act 1977 which shows the following exclussions as:

(c) any contract so far as it relates to the creation or transfer of a right or interest in any patent, trade mark, copyright [or design right], registered design, technical or commercial information or other intellectual property, or relates to the termination of any such right or interest;

Would therefore hazard a guess then that its ok to have this in contract, however it may be difficult to prove whether any breach of contract occurs (i.e. sharing of secrets).

Appolagise if this isn't the answer you require, but as I said I only answered in absence of any other advice. Take a look at the legislation yourself or contact Silicitor/CAB.