fossyant
Ride It Like You Stole It!
- Location
- South Manchester
Three months here. Most of my jobs have been, although I haven't moved about that much. Currently 18 years in this job
Were these restrictions in your contract?
Previously I had a team member who refused to sign their new JD following organisational that had been going on for two years. The unions had been involved and everything agreed with them but this individual still refused to sign.
The issue was never pushed as, despite passive objections they worked to the new JD, and have continued to do so since.
Yes, but worded ambiguously so it wasn't clear if they were added on to the garden leave or concurrent. My lawyers brought up plenty of case precedents saying they should have been concurrent.
Ah. Had it been written correctly then you would have been restricted and would (probably) have lost.
As I understand it, the law is or has been changed to ensure restrictive covenants are no more than 3 months as it's felt these start to impinge upon the individual's right to work.
We had clauses in employment contracts for directors blocking them working for any competitors for 6 months after leaving (irrespective of notice period). Difficulty or constraint is that it was a very specialist market place for non-technical people their value/salary justification only held when working in the same market place ie competitors.I think restricting who you can work for, yes, but gardening leave can be longer than 6months even up to a year. You’re not restricted ‘who’ you can work for, you can’t work as you’re technically still employed. But yes, I doubt any restrictions beyond your notice period will be able to last very long any more.