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Employment law - restraint of trade contract clauses

An employment contract with a former employer forbids:

1. Accepting work from thier clients
2. Employing/enticing thier employees to new jobs

for two years after employment ends.

Is this just to scare people, or can they actually enforce this ? I assume that various statutes and cases exist to rebutt this kind of thing - can anybody point me in the right direction ?

Of couse, there has been no breach of confidence or any other 'sharp' practice. We are just worried about this particular clause.

Cheers,
Dan

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07th Oct 2003 17:10

Unlikely
each contract must be looked at individually.

the courts do not like clauses such as 1. these are clearly a restraint of trade etc and now in breach of the european convetion on human rights as enacted in UK law. see the recent 'case' re Reading and West Ham's manager.

these clauses can be upheld but only in the most exceptional circumstances, national security etc.

any decent employment law solicitor could fire off a letter pretty quick that should put an end to all that, you can even do it yourself!

2. is a slightly different kettle of fish and you have not given us enough info, but again you will need legal advice on this.

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