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Contract Law - Location Of Further Employment

  • 11-09-2012 06:28PM
    #1
    goodFeather
    Registered Users, Registered Users 2 Posts: 15 ✭


    Hi,

    Is it legal or enforceable to have within a fixed term (eg 2 year) contract a clause relating to location of further/next employment ie the clause states that one cannot work within 5 miles of the current workplace for a defined period of 6 months. What would the recourse of the employer be if this is breached? Is the clause legal at the end of the contract as well as the case where the employment is ceased early?

    Thanks


Comments

  • #2
    Strawberry Fields
    Closed Accounts Posts: 611 ✭✭✭Strawberry Fields


    goodFeather wrote: »
    Hi,

    Is it legal or enforceable to have within a fixed term (eg 2 year) contract a clause relating to location of further/next employment ie the clause states that one cannot work within 5 miles of the current workplace for a defined period of 6 months. What would the recourse of the employer be if this is breached? Is the clause legal at the end of the contract as well as the case where the employment is ceased early?

    Thanks

    If the clause is limited within time and geographical area it should be o.k.
    However if say you worked in Finance and 5 miles covered the whole financial district eg IFSC you may have recourse.


  • #3
    ynotonavillus
    Registered Users, Registered Users 2 Posts: 73 ✭✭ynotonavillus


    goodFeather wrote: »
    Hi,

    Is the clause legal at the end of the contract as well as the case where the employment is ceased early?

    Thanks

    This would depend on the rest of the contract, if it was a condition of the contract that it would run the full duration then maybe the shortening of the time was a repudiatory breach, which could, at your instigation, bring the contract to an end, with no further duties owed by you.

    Maybe.....


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