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Can I still sell ??

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markhughes | 17:10 Tue 23rd Sep 2008 | Jobs & Education
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My question is simple but is asked by many but the truth is still a hard answer to find.

I want to leave my company and move to another company selling similar products in the same area.

My company handbook suggests NO as it states that I can not sell in the same area for 6 months.

Now my question is can this rule be upheld or is it just a scare tactic.

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It certainly can be upheld - they could sue you for breach of contract. It is called a restrictive covenant - it is discussed here:

http://www.roydens.co.uk/content09.htm
Question Author
Thanks for that, I was unsure as I read that there was a bi rule which counter act the rule by saying that it prevents basic human rights to work. Not sure of the complete and correct title.
But they aren't stopping you working - only limiting the area.
Question Author
the problem is I have national clients who want to leave before I was thinking of leaving and my old ground is not far from where my new company wish to work or currently hold other work in
The only thing you need read from Ethel's link is the following:-

'covenants which seek to prevent any form of competition with a former employer are rarely enforced'
Question Author
Well thank you everyone for your answers, ithas been most helpful and I ll sleep better tonight ha ha ha.

And I think my final note would be and a quote from the website in question in this thread.

Quote

"At the end of it all restrictive covenants are a bit of a game � the winners being the ones who best know the rules."

P.S I know a little bit more then I did yesterday and tomorrow I ll learn a bit more, If I have to play the game I know I stand a better chance now, thanks again

Thomas v Farr 2007 could encourage more employers to actively seek enforcement of the covenants;

And:

"It is a widely held view that restrictive covenants in employment contracts are unenforceable and are a waste of time.

This view is completely wrong!"

http://www.mondaq.com/article.asp?articleid=12 144

It's a gamble - don't forget action can be taken against you and the company you go to work for.

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