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UK General Cleaning Forum => General Cleaning Forum => Topic started by: dustycorner on June 18, 2006, 09:14:27 am

Title: Prohibitive clause
Post by: dustycorner on June 18, 2006, 09:14:27 am

Hi guys n gals,

I need to put a prohibitve clause in both employee/clients ( you know one thats stops staff  approaching clients for work or vice versa). Any help on wording etc would be greatly appreciated.

Cheers Mark.

Title: Re: Prohibitive clause
Post by: martin19842 on June 19, 2006, 01:46:11 pm

hi there

its all very well putting the clause in, however you will find it very difficult to emforce it, if it went to court, a restraint of trade clause, can be argued under human rights. 

we all use them, but the effrct of them is undetermianble

regards

martin

Title: Re: Prohibitive clause
Post by: mxg on June 19, 2006, 01:53:54 pm

Mark

I have to echo Martin's comment.

They are of questionable value but if you want to rely on one, its will need to be "reasonable" if it is ever going to be adjudicated on in a court of some description.

So to make it "reasonable" you will probably need to be specific about

- geography - might need to restrict it to "yourtown" not nationwide
- timescales - 3-6-12 months might be reasonable depending on the circumstances

If somebody wants to poach your staff then they are probably a lost cause already so you should word it so that  they need to approach you and pay you some sort of fee/compensation

My own personal experience is that I will sign them, whatever they say because I know that if push comes to shove, it will be judged on the "reasonableness" test and not whether or not I signed it.

Mick