Can I still sell ??

[markhughes]

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.

[Ethel]

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

[markhughes]

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.

[buildersmate]

But they aren't stopping you working - only limiting the area.

[markhughes]

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

[Hymie]

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'

[markhughes]

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

[Ethel]

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.