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Reasonable non-compete clause?

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    #11
    Originally posted by Andy Hallett View Post
    12 months is very enforceable.
    Only if it was extremely well written, detailed and reasonable. A simple can't do this for 12 months won't fly at all. Same goes for any one really but 12 months would have to be pretty tight to stand a chance of passing the reasonableness test.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #12
      Originally posted by TheCyclingProgrammer View Post
      does anybody have a clause that they have used for this that I can borrow and what is a reasonable length of time for such a clause (that would be reasonable and enforceable)?
      14 weeks from the start or 8 weeks from the end, whichever is longer.

      Add a caveat that if the consultancy company no longer has a business relationship with the client then you are free to work directly with the client immediately.
      Free advice and opinions - refunds are available if you are not 100% satisfied.

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        #13
        Fair enough, I can only speak from personal expetience in respect if our contract.
        https://uk.linkedin.com/in/andyhallett

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          #14
          Originally posted by Andy Hallett View Post
          Fair enough, I can only speak from personal expetience in respect if our contract.
          Has that clause in your contract be tested in court?
          "You’re just a bad memory who doesn’t know when to go away" JR

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            #15
            ...

            Originally posted by Andy Hallett View Post
            Fair enough, I can only speak from personal expetience in respect if our contract.
            12 month is deemed restraint of trade. This is why the Conduct Regs specify the periods that they do!

            Originally posted by SueEllen View Post
            Has that clause in your contract be tested in court?
            Doubt it, but we will see

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              #16
              Originally posted by SueEllen View Post
              Has that clause in your contract be tested in court?
              Against a client, yes.

              I've never had to run it as far as court against a contractor.
              https://uk.linkedin.com/in/andyhallett

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                #17
                ... the Agency shall be entitled to charge a fee to the Client in the event that the Consultancy or any Representative is directly engaged by the Client or through another employment business or if the Consultancy or any Representative is engaged by a third party to whom the Consultancy or any Representative has been introduced by the Client, at any time.
                That's one I'm looking at right now.

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                  #18
                  Originally posted by northernladuk View Post
                  Only if it was extremely well written, detailed and reasonable. A simple can't do this for 12 months won't fly at all. Same goes for any one really but 12 months would have to be pretty tight to stand a chance of passing the reasonableness test.
                  Don't write a good clause.

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