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23rd November 2010, 04:40 AM
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#1 |
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Striker
Join Date: May 2003
Location: in somone elses country failing the Tebbit test
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Restraint of trade
Anyone ever had one enforced. Just resigned to join a competitor and got a soliciters letter reminding me of my restraint of trade claus ein my cintract and that they will seek an injunction to enforce. Normally I would look on them as pretty unenforcable but there was a court case here a couple of months ago where the judge came down on the side of the emplloyer so I was wondering if any one had had it done to them. Quite looking forward to 6 months of fishing and diving to be honest. Not sure the bank manager will be so happy like
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For the record, I don't own any monkeys |
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23rd November 2010, 05:01 AM
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#2 |
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Striker
Join Date: Aug 2003
Location: CLS
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Re: Restraint of trade
got one in mine but haven't tested it. Highly unlikely to in this part of the world tbh, 99% of my competitors are bulls lugs
got one in mine but haven't tested it. Highly unlikely to in this part of the world tbh, 99% of my competitors are bulls lugs
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With Grace and Style, Verve Guts and Guile |
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23rd November 2010, 06:26 AM
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#3 | |
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Striker
Join Date: Sep 2002
Location: Freezing my tits off, North of the Arctic Circle.
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Re: Restraint of trade
Quote:
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23rd November 2010, 06:49 AM
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#4 |
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Striker
Join Date: Sep 2005
Location: Sarf Lahndahn
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Re: Restraint of trade
Unless life down under is even stranger than I thought, you won't have a restraint of trade clause in your contract. You will have a non-compete clause. You may wish to consider whether to challenge it on the grounds of restraint of trade.
Hope this helps.
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"I've been in a dressing room that's been relegated Gary, and it's a horrific feeling". |
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23rd November 2010, 07:12 AM
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#5 | |
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Striker
Join Date: Aug 2003
Location: CLS
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Re: Restraint of trade
Quote:
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With Grace and Style, Verve Guts and Guile |
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23rd November 2010, 10:07 AM
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#6 |
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Central Defender
Join Date: Aug 2010
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Re: Restraint of trade
Mainly depends on what industry you are in & what exactly your job details are.
If, by you moving to a rival firm, directly affects your previous employer's business, then there may be a case to answer, but this is not always the case. |
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23rd November 2010, 10:11 AM
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#7 |
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Striker
Join Date: Feb 2010
Location: Costa Del Seaburn
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Re: Restraint of trade
Isn't it restrictive practice? I know in the UK it doesn't really matter what firms they put in the contract they can't stop you working for anyone else.
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It's going to be cold on your round next week, you rag wringing wanker. |
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23rd November 2010, 10:23 AM
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#8 | |
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Striker
Join Date: Sep 2002
Location: Freezing my tits off, North of the Arctic Circle.
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Re: Restraint of trade
Quote:
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23rd November 2010, 10:24 AM
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#9 |
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Striker
Join Date: Oct 2010
Location: State of Panic
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Re: Restraint of trade
Do not believe whats written, they have to prove it and that can be very costly indeed, and it takes months, I should know..................
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I asked my Mam who my Dad was and she said "some soldiers".... |
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23rd November 2010, 10:28 AM
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#10 |
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Striker
Join Date: May 2006
Location: Jesmond
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Re: Restraint of trade
They can't stop you earning a living but they might be able to stop you approaching their clients. I would have your new employers run it by their solicitors.
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