Non Compete Clause
Hi all,
Have been browsing the sub on non-competes and have generally found that although they are not widely enforced, they can be unless they are broad or non-specific.
In the opinion of folks in this sub, would you say a non-compete like the below would be enforceable? I am below director level.
Thank you in advance for any guidance :)
- Obligations After Employment
14.1 The Employee shall not during the period of 12 months after the Termination Date directly or indirectly on his own account or on behalf of or in conjunction with any person, firm or company or other organisation canvass or solicit or by any other means seek to conduct Restricted Services with or conduct Restricted Services with any Customer.
14.2 The Employee shall not during the period of 12 months after the Termination Date directly or indirectly on his own account or on behalf of or in conjunction with any person, firm or company or other organisation canvass or solicit or by any other means seek to conduct Restricted Services with or conduct Restricted Services with any prospective Customer.
14.3 The Employee shall not during the period of 12 months after the Termination Date directly or indirectly induce or seek to induce any employee of the Company engaged in the Restricted Services who was such an employee at Termination Date and with whom the Employee, within 12 months prior to the Termination Date, had material dealings in the course of his duties hereunder to leave the employment of the Company whether or not this would be a breach of contract on the part of the Employee.
14.4 The Employee shall not during the period of 12 months after the Termination Date directly or indirectly seek to entice away from the Company or otherwise solicit or interfere with the relationship between the Company and any Supplier.
14.5 The Employee shall not during the period of 12 months after the Termination Date within the Restricted Area carry on or be directly or indirectly engaged, concerned or interested whether as principal, agent, shareholder, investor, director, employee or otherwise howsoever in any business or the setting up of any business engaged in or which it is intended to be engaged in any Restricted Services (limited to a role that is of the same, similar or greater seniority, status and remuneration as the Employee’s role as of their date of termination, as determined on the basis of the prevailing industry norm for a role commensurate with any such role). For the purpose of this clause 14.5 acts done by the Employee outside the Restricted Area shall nonetheless be deemed to be done within the Restricted Area where their primary purpose is the obtaining of any Restricted Services from any person, firm, company or other entity with business premises within the Restricted Area.
14.6 The Employee covenants that in respect of any other company in the Group in the business or affairs of which the Employee shall at any time during the 12 months prior to the Termination Date have been materially concerned or interested they will perform and observe in relation to each such Group the covenants set out in this clause 14 and that each covenant shall be construed and enforceable as a separate covenant in relation to each such Group. For the purposes of giving effect to the provisions of this clause 14.6 only, reference to the Company in clauses 14.1 to 14.5 inclusive and in the definitions of Restricted Services, Customer and Supplier and shall be deemed to be references to each such company.
14.7 The Employee shall not, either during the continuance of this Agreement or at any time after the Termination Date engage in any trade or business or be associated with any person, firm or Company engaged in any trade or business using the names the company or the company or incorporating the words the company.
14.8 The parties agree that the periods referred to in clause 14.1 to 14.5 shall be reduced by one day for every day during which at the Company’s discretion the Employee is denied access to any premises of any company in the Group and/or is required not to have any contact or dealings with any customer, client, supplier or employee of any company in the Group and/or has not carried out any duties or work or has carried out duties other than his normal duties. In addition, the parties agree that if Employee is terminated by the Company during the first 12 months of his employment with Company, the periods referred to in clause 14.1 to 14.5 shall be limited to 12 months.
14.9 These restrictions are entered into by the Company and the Employee after having been separately legally advised.
14.10 Each of these restrictions contained in this clause 14 is intended to be separate and severable. In the event that any of the restrictions shall be held void but would be valid if part of the wording thereof were deleted such restriction shall apply with such deletion as may be necessary to make it valid and effective.
14.11 The Employee shall not directly or indirectly, whether on the Employee’s own behalf or on behalf of another person: (a) For the Relevant Period: (i) Accept orders for any Restricted Products or Restricted Services from any Customer; (ii) Accept orders for any Restricted Proposed Products or Restricted Proposed Services from any Customer; (iii) Accept the supply by any Supplier of Restricted Supplies; or (iv) Seek, canvas or solicit any business, orders or custom for any Restricted Proposed Products or Restricted Proposed Services from any Customer