Resignation (not from CF)

handyman · 19-02-2010, 11:30

I've put my 4 weeks' notice in today as required by my contract of employment to leave to a new job. The new job is for a competitor.

At present my contract of employment mentions nothing about confidentiality or anything like that. My employer brought this up when I spoke with him last night saying that I would be prevented from contacting my clients.

Can they force me to sign something before I leave? Can they withhold pay based on that?

I also think that my contract of employment may be invalid as I have been given a new job title since it was issued and also it states ' your place of employment will be: old office address.. and we have moved 18 months ago.

What do you think?
HM

**Rob** · 19-02-2010, 11:48

It would be nice if contracts of employment were kept up to date, but that is a rarity. Just because you have a pay rise, you don't get a new contract. Same with most other changes, provided it has been documented that is sufficient.

But you don't sign anything new that might be given to you now.

grandmaster · 19-02-2010, 11:49

I have not read all this but i hope it helps?

http://www.out-law.com/page-7086

Quote:

A restrictive covenant is usually a clause in a contract which prohibits an employee from competing with his ex-employer after the employee has parted company with the business, or prevents the ex-employee from soliciting customers of the business by using knowledge of those customers gained during his prior employment.
The starting point for any such post-termination restriction is that it is void on the grounds of illegality. However, if the ex-employer can convince a court that the covenant is:

designed to protect his legitimate business interests; and
that it extends no further than is reasonably necessary to protect those interests

altis · 19-02-2010, 11:54

I'd say that it was too late now to move the goal posts.

I'd suggest holding onto your guns and stick by where you stand now. If they force the issue then I'd seek professional advice. The CAB can be useful but in my experience they are incredibly slow and sometimes miss the point.

Saaf_laandon_mo · 19-02-2010, 12:06

Do not sign any new contracts (or even agree to anything verbally). At the end of the day I am assuming you are acting within the conditions of your contract, by giving appropriate notice. They cannot hold back pay legally so you do not have any issues in that regard.
Also alot of companies - if they don't want you to go to a competitor straight away - enforce a longer notice period, often with paid gardening leave. The fact that your current employer has not safeguarded his interests in your contract is not your fault.

Ramrod · 19-02-2010, 12:09

Yep, your old employer doesn't really have a legal leg to stand on. If it was me I'd be feeling very vulnerable as your employer.....you possibly didn't even need to give 4 weeks notice.....
Good luck with the new job

murfitUK · 19-02-2010, 15:02

Do you intend contacting former clients?

If not, why not make this clear to your old boss regardless of what your contract does, or does not, say?

As a former employer you are likely to need them for a reference at some stage in the future so always try to leave on a good note (just in case).

rogerdraig · 19-02-2010, 15:25

if it wasn't in your contract they definitely cant enforce it and even where one is in a contract they mostly are unenforceable

i am surprised if they know you are going to a competitor they have let you carry on working mostly they use the end on contract time to keep you out of work while they contact all clients to get them moved over to a new employee or other employee as they mostly can prevent you working for some one else until the end of your notice period

handyman · 19-02-2010, 16:05

I'm very surprised as well that I'm still here sat at my desk. They are even allowing me to process new business and gain the commission. At Ntl I was escorted from the building and put on gardening leave when I left. I was hoping for a bit of gardening leave so I could do some decorating :-(

Would I contact customers, if my new employer give me a list to call and some of my current employers clients are on there then I'll have too.

I don't think my employer knows that the template for the 2nd contract I was issued has zero in there about confidentiality or contacting existing clients. (it was ripped of the web). Stack in it about dismissal procedures though.

I was under the impression that they could not legally prevent me from doing this anyway as they cannot prevent me from earning money.

Its also a bit rich if they did because we took on a sales person from a rival and they were taken on with the understanding they were coming with industry knowledge and contacts.

rogerdraig · 19-02-2010, 16:35

they cant often stop you

mostly what it can prevent is you opening up shop next to or very close to them running the same type of buisness and even that isn't a absolute

and if a old client is on a list for you to call i doubt there would be anything they could do
where you might want to be careful is in making a list as that might be problematic for you and your new employer as even if its from memory if it could be said to be part of or copied from a data base at your old firm there could be data protection rules you may well be breaking though hard to prove it may well be something that could get you into trouble if some one complained

other than that i don't think there is much they can do other than offering you a better deal

Escapee · 19-02-2010, 17:11

Quote:

Originally Posted by handyman

I'm very surprised as well that I'm still here sat at my desk. They are even allowing me to process new business and gain the commission. At Ntl I was escorted from the building and put on gardening leave when I left. I was hoping for a bit of gardening leave so I could do some decorating :-(

Would I contact customers, if my new employer give me a list to call and some of my current employers clients are on there then I'll have too.

I don't think my employer knows that the template for the 2nd contract I was issued has zero in there about confidentiality or contacting existing clients. (it was ripped of the web). Stack in it about dismissal procedures though.

I was under the impression that they could not legally prevent me from doing this anyway as they cannot prevent me from earning money.

Its also a bit rich if they did because we took on a sales person from a rival and they were taken on with the understanding they were coming with industry knowledge and contacts.

You lucky sod, I hoped ntl would escort me off the premises for some garden leave, but I had no such luck.

I wonder if you were around at ntl (around 1999-2000) when HR produced a form for employees to sign. It not only stated that you could not approach any ntl customers after you left tyheir employment, but also clearly stated you could not use any information you gained whilst in the employment of ntl.

Very strange though that they had been employing engineers from BT and small cable TV companies, I guess ntl didn't expect these engineers to use any of the knowledge they gained in previous employment.

I was one of the few who refused point blank to sign the agreement.

rogerdraig · 19-02-2010, 20:03

Quote:

Originally Posted by Escapee

You lucky sod, I hoped ntl would escort me off the premises for some garden leave, but I had no such luck.

I wonder if you were around at ntl (around 1999-2000) when HR produced a form for employees to sign. It not only stated that you could not approach any ntl customers after you left tyheir employment, but also clearly stated you could not use any information you gained whilst in the employment of ntl.

Very strange though that they had been employing engineers from BT and small cable TV companies, I guess ntl didn't expect these engineers to use any of the knowledge they gained in previous employment.

I was one of the few who refused point blank to sign the agreement.

lol i doubt that could be enforced either

reminds me of that film "Pay Check" lol imagine if you passed your driving test whilst with them

me

cookie_365 · 19-02-2010, 21:47

Of course, assuming that the contact information wasn't specifically collected for the purposes of passing on to competing companies

then you and your new employer would be committing an offence under the Data Protection Act.

Though the chances of prosecution are about the same as Britain's chances of getting a gold in the ice hockey