Contract or lack of....

[Ms_J]

When I commenced employment in 2007 I signed a zero hour contract, within this it stated that after leaving the company you cannot start up a similar business within 6 months.

In 2008 I was promoted, never got a contract, statement of employment etc.

I am wondering if the first contract would be seen as sufficient?

My wage has never been affected if I have been off sick since I was promoted but now I am getting SSP. (I assume, seen as I have still not received my Dec payslip)

 

Can I challenge this? And, the thing about starting up a business, can they take legal action on this as I really should have another contract that is relevant to my current position.

 

I hope this makes sense!

[Stigy]

If the job has changed you should have signed a new contract, although I heard that you automaticaly become bound by its terms if you dont see one within 6 months?

[elpulpo]

You should have received an 'instalment particular' when the terms of your contract changed. It doesn't have to be a whole new document, just written notification of the changes.

 

With regard to the 'if you leave you can't start up similar' clause, these are called 'restrictive covenants'.

 

Given what I know of your circumstances from your previous thread Ms J, I think you'd be safe enough telling 'em to get stuffed and going on to do whatever you want.

How valid they are really depends on the circumstances. For example, they often state that one can't go and work for a competitor within a certain radius - if your employer were to dismiss you though, they'd have a hard time pursuing you for doing so. The right to earn a living is pretty solid.

 

If you were to break a RC, the burden would be with the former employer to prove how that had been to their detriment.

[Haf]

Ask for a copy of your latest contract. I beleive they would have to supply it if required.

 

At least then you know where you stand.

 

All the best with your business if you do go ahead with it.