Contract

[py rookie]

Hi there,just a quickie boss has come up with this great idea,a new contract that's states I can't not work within 50 miles of this house,I'm a tiler,mostly site work by the way,is this right?can he stop me from working if I left his company???

 

[J Sid]

I think he may be able to do something like that. But i am think it is only 10 miles or so, if you leave of your own free will and only for a shortish period. My step daughter had something similar as a hairdresser. You need to look into it a bit before you sign anything. Someone here may have more knowledge.

 

[White Room]

Personally can't see how thats going to work and I'd be telling him to shove it....

 

[Peter]

Sounds like garages who don't let their mechanics do homers at night. Not really any of the employer's business imo as long as they're not poaching customers.

 

[py rookie]

He basically made me sign it,I've been told its a breech of my human rights to work,I'm gunna tell him to shove it in the new year any way,I just want to see if he can actually do this

 

[Spud]

what a load of nonsense tell him to get over himself and if he is any good and gives a good level of service he shouldnt be scared of competition

 

[Peter]

What's he going to do, fit a tracker to your nippers?

 

[py rookie]

He can try,he's just being a arse maybe if I went to Citerzen advice,just to make sure,surly this is not right

 

[Dan]

GirlRacerRed will be best one to answer this tomorrow (if she spots it). But I'm assuming if you're on his books full time he can stipulate that you can't work for yourself within 50 miles, and as long as you sign it, you can't.

It's like working for a mobile phone company, who will stipulate that you can't sell phones yourself. There will be a type of contract that would pass in court, as it were.

But whether he's drawn one up as solid as a big firm is another thing. And if you hadn't signed it, and he sacked you, there's a chance you'd have been able to take him to tribunal for it.

Seek professional advice IMO.

But it sucks. He must be worried about you if he's come up with this. lol - So fair play to you for that.

 

[py rookie]

Yes I'm on his books,yes I did have to sign it or he would make my life hell.so there a lot of competition,he says he's protecting what he's got,so I think if I left him he doesn't want me working on the the same site.maybe

 

[Spud]

if you signed it under duress or the fear you would be sacked then my guess it would be it would be difficult to enforce

 

[Gazzer]

And is it a legal document, witnessed etc . I doubt it would hold up in a court battle.

 

[radim]

so if your own bathroom need retile or Silicon repair etc. u can't do it?:fuk2:

 

[Deleted member 9966]

right I'm here!

first question, py rookie - are you employed by this guy as his employee? you'd know if you were his employee if he has offered you a contract of employment, he pays your wages into your bank account, and if he deducts tax and NI from your wages and pays it over to the HMRC. so, do you have a contract, wages paid and deductions taken?

 

[Concrete guy]

The basis of his request is in anti competition law. There is a legal precedent for this kind of thing but it's more to do with retail establishments setting up shop within a pre described radius of the original employer/business partner.

The long and short if it is you need legal advice from an employment lawyer.

I have a gut feeling that 50 miles would be legally considered "unreasonable" and that it may be as little as one mile. But as I said -check with someone who understands the law.

That said, you may want to consider your position of employment, putting it bluntly, do you want to **** off your employer by pushign the boundaries of what you can undertake on a private basis.