non compete clause

stayback

I work in a competitive area. I have been approached by a competitor to lead out on a new department in the same industry.

On my contract it states that I cannot work for a competitor for 6 months.

The issue is that colleagues of mine some more senior and some junior have left and went working for competitors. They didnt have to serve the 6 months. They were sent on gardening leave for their notice period. The clause is standard in the contract so they had the clause in their contract aswell.

The question is are non compete clauses enforceable.

thebiglad

Unless you are extremely senior and compensated, I would expect this to be seen as a restraint of trade but will watch the thread with interest. If, however it is normal in the industry you are in then the new employer will wait for you to serve 6 months and, as your current employer doesn't want you downloading everything they won't let you near the office or server so, you'll get a 6 month paid holiday.

Take a course or 2…

ax530

I reviewed a work contract with a solicitor previously. He said something along the lines of companies wouldn't enforce these for anyone except maybe on rare occasions a CEO type.

Larbre34

They are enforceable if any particular employer cares to spend the time and money to enforce them.

But there are no circumstances where they will come out ahead financially by doing so.

On a few occasions I've seen a few situations where there is an informal mutual agreement to split the difference, where the employee will agree to 2 or 3 months of gardening leave, and the employer sets aside enforcement of the 6 months from their side.

In practice though, most people complete induction and orientation with their new role during this time.

dennyk

But there are no circumstances where they will come out ahead financially by doing so.

Outside of a case where an employee would actually be bringing insider trade secrets to a competitor, the only real advantage to seeking enforcement would be to discourage other employees with the same clause in their contracts from quitting to join competitors as well. If the OP's company hasn't bothered to pursue those who have left for competitors before, it's less likely they'd bother to pursue the OP.