<Permie Anonymous>
Hello, my name is Spoiler and I'm a permie.
</Permie Anonymous>
So then, I'm currently a permie working as a consultant. One of our clients has a contract role coming up, and it would suit us both nicely if I were to take it.
I do, however, have a clause in my permie contract along the lines of:
"For a period of 12 months after termination, accept or solicit an offer of employment from any client or be employed in any capacity by a client".
(Perhaps this clause is irrelevant as I'll be employed by my own Ltd).
And:
"For a period of 12 months after termination, accept in any capacity orders for restricted products or restricted services from a client".
And:
"For a period of 12 months after termination, seek in any capacity any business orders or custom for restricted products or restricted services from a client".
No point asking here if I am going to get sued if I take up the contract, as hopefully none of you are my boss! However, I would be interested in thoughts on a couple of things.
1. One thing I hear a lot from others is "employment restrictions like this won't hold up in court, as they are a restraint against you working for a living, etc". Anyone have any concrete evidence on this, or is it just a myth?
2. I'm going to get someone who knows employment law to have a look & advise on it. Any recommendations?
3. If I were to leave my permie role, the first thing I would do is sign up with the PCG - could I get any sort of backing from them? (Probably a question I should ask the PCG).
4. Is there any insurance I could take out that would cover my backside in the event of my permie boss suing me (& them winning)?
I had a search through the forum, but other examples of this kind were really for contractors wanting to go direct. Perhaps this is a little different?!
Thanks.
Hello, my name is Spoiler and I'm a permie.
</Permie Anonymous>
So then, I'm currently a permie working as a consultant. One of our clients has a contract role coming up, and it would suit us both nicely if I were to take it.
I do, however, have a clause in my permie contract along the lines of:
"For a period of 12 months after termination, accept or solicit an offer of employment from any client or be employed in any capacity by a client".
(Perhaps this clause is irrelevant as I'll be employed by my own Ltd).
And:
"For a period of 12 months after termination, accept in any capacity orders for restricted products or restricted services from a client".
And:
"For a period of 12 months after termination, seek in any capacity any business orders or custom for restricted products or restricted services from a client".
No point asking here if I am going to get sued if I take up the contract, as hopefully none of you are my boss! However, I would be interested in thoughts on a couple of things.
1. One thing I hear a lot from others is "employment restrictions like this won't hold up in court, as they are a restraint against you working for a living, etc". Anyone have any concrete evidence on this, or is it just a myth?
2. I'm going to get someone who knows employment law to have a look & advise on it. Any recommendations?
3. If I were to leave my permie role, the first thing I would do is sign up with the PCG - could I get any sort of backing from them? (Probably a question I should ask the PCG).
4. Is there any insurance I could take out that would cover my backside in the event of my permie boss suing me (& them winning)?
I had a search through the forum, but other examples of this kind were really for contractors wanting to go direct. Perhaps this is a little different?!
Thanks.
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