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| AngelGrinder |
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 AngelGrinder World Chat Champion

Joined: 09 Jun 2007 Karma :   
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 Posted: 23:04 - 15 Feb 2015 Post subject: Employment contract questions. |
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Hey all, all advice welcome.
Long story short, been at my company over 4 years, a year and a half ago, company went into administration, and gained a new owner. Many things have changed and I no longer have any long term plans to stay. Where I work is a fairly niche industry, I could make a basic wage elsewhere, but with my skills I can earn a lot more.
Recently a guy left and on his last day, was asked to sign a form saying he wouldn't work for any competitors, as he was leaving he refused to sign it.
my problem, is we are all getting new contracts tomorrow, and things like this in them, would utterly destroy any chance of me leaving and making a decent wage. What are my options? Does the contract come into effect as soon as I am given it? Or not until I sign it? How long can I refuse to sign it (saying I'm reading it and checking etc) and what will be the outcome if I refuse to sign? Instant dismissal? Redundancy?
All advice and experiences would be great! ____________________ Currently Riding - 2002 Aprilia RSV1000 Mille |
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| lihp |
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 lihp World Chat Champion
Joined: 22 Sep 2010 Karma :   
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 Posted: 23:13 - 15 Feb 2015 Post subject: |
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non-competition contracts are usually non-enforceable  ____________________ covent.gardens: lihp is my most favourite member ever |
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| Skudd |
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 Skudd Super Spammer

Joined: 01 Oct 2006 Karma :   
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| AngelGrinder |
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 AngelGrinder World Chat Champion

Joined: 09 Jun 2007 Karma :   
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| lihp |
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 lihp World Chat Champion
Joined: 22 Sep 2010 Karma :   
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| Jewlio Iglesias |
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 Jewlio Iglesias Banned
Joined: 10 Jan 2015 Karma :     
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 Posted: 00:00 - 16 Feb 2015 Post subject: |
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I have no ties to this guy, but I subscribe to his newsletter, and find it a mine of information.
https://www.danielbarnett.co.uk/ ____________________ 21:41:40 petalbriefs: look phil, I dont preach to you about bowling pins or whatever, so you stick to that and I'll stick to cars
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 00:41 - 16 Feb 2015 Post subject: Re: Employment contract questions. |
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The answers to your questions are entirely dependent on your employer, the nature of the business and your specific job.
If you want meaningful answers, you'll need to disclose all that information, and I suggest that you do it to an employment law specialist.
Or better yet, jump before it becomes an issue. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Itchy |
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 Itchy Super Spammer

Joined: 07 Apr 2005 Karma :     
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| ........................ |
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 ........................ Spanner Monkey
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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| Dan87 |
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 Dan87 Renault 5 Driver
Joined: 15 Nov 2010 Karma :    
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| AngelGrinder |
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 AngelGrinder World Chat Champion

Joined: 09 Jun 2007 Karma :   
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| tracks |
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 tracks Nitrous Nuisance
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| andys675 |
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 andys675 World Chat Champion

Joined: 08 Feb 2007 Karma :   
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| nelmo |
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 nelmo Scooby Slapper

Joined: 05 Dec 2013 Karma :  
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 Posted: 19:30 - 19 Feb 2015 Post subject: |
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I'm currently interviewing at a company which has these terms and I've heard some bad stories about them trying to enforce them. However, cannot find any direct evidence or proof of this, just word of mouth.
However, my thinking is, why tell them where you are moving on to? Just lie and saying you are going to a non-competitor, no? I once lied to an employer and said I WAS going to a competitor and they let me leave without working my notice - one months paid holiday  ____________________ Bike history: Suzuki GSXF600, BMW F650, Honda Varadero, Suzuki V-Strom, Kawasaki Versys
Current: Honda NC700X |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 21:01 - 19 Feb 2015 Post subject: |
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Upshot of restrictive covenants is they have to be brought in front of a magistrate or sherriff to be enforced.
A magistrate is not going to issue a court order preventing someone from earning a living. There has to be a good reason. "Vexatious" action to get one over on an ex employee is highly frowned upon.
The thing with people attempting to add unwanted clauses/new contracts is to dispute them. But quietly. Idealy in such a way as they don't notice.
My boss tried to lump me with a new contract. I disputed several clauses and refused to accept the contract as it stood, in writing, in the form of a bland and very verbose memo submitted directly into his hand when he was super busy. That was 7 years ago. I still have a copy on file. He has yet to respond. Is it an enforceable contract? ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Clanger |
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 Clanger Stirrer

Joined: 27 May 2004 Karma :    
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 Posted: 21:57 - 19 Feb 2015 Post subject: |
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I had a contract that stated if I signed I would waiver my entitlement to the 48hour week directive...or something (I can't fully remember the exact wording). I sought advice, the crux of it was, if signed I could be asked to work more than 48hours without any come back. I decided I didn't want to work for 48hours or more a week, so I made an addendum to the contract.
Discussed it with HR and they accepted it. And that was that. No issues. I kept doing my 35hour week job.  ____________________ Be who you are and say what you feel, because those who mind don't matter, and those who matter won't mind - Dr. Seuss |
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Old Thread Alert!
The last post was made 11 years, 229 days ago. Instead of replying here, would creating a new thread be more useful? |
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