Thread: Restrictive Covenants in my employment contract

Hi,

I wonder if anyone can help! i really need some advice on my employment contract.

I've been head hunted by another company to work for them within the same industry as my current employer. However, i have a restrictive covenant in my current employment contract stating that i cannot work within the same industry 12 months after leaving the company or within 100 miles from his office.

I've worked within this industry basically my whole career and therefore it would mean i could not practise this even from my own home. This is my trade and how i would make a living, so i wanted to find out if and what ways there were around this?

I've not accepted the position nor spoken to my employer about this role, however i know he would try to take me to court so i want to make sure i'm covered.

Any help much appreciated!

Many thanks in advance

Also when if i do go for this new position, can my employer refuse to pay if i hand in my months notice?

Basically I believe the covenat to be rubbish, not enforceable. I think case law will prove this. Essentially it's a restriction on your trade which is a big no, no. It might be enforceable if you were subject to major knowledge about defence or trade patents etc but not generally.