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Friend of a friend is an estate agent and their employer is trying make them sign a contract that says that if they leave they can't work in a 12mile area.
They have very young children so realistically 12 miles might as well be 100. Anyone any experience of the legality of such a contract?
Restrictive covenants are challenged all the time if it doesn't allow the person to work. It should also have a time limit, ie 6 months.
Not unusual or unreasonable for a company to have one.
Vary rarely enforceable as well. Any restrictions must not be overly onerous.
If your friend already has a contract simply refuse to sign the new one or strike out that part and sign it - having the strikeout signed and witnessed as well
As ever proper advice is good. Union or employment lawyer
Daughter has the same restriction as a conveyancer, it's not enforceable and she just ignores it. Hasn't been sued either.
There are further complications I am aware of such as just coming back off maternity, the employer having been taken over, of being given duties that are deemed below what she was on etc.
Which almost suggests constructive dismissal...
I am just curious, they already have things in progress.
Attwood v. Lamont (1920)
Restraints on contracts of employment. A tailor and draper at Kidderminster employed the defendant under a contract stating that Lamont could not, on leaving his employment, carry on a business as a tailor within ten miles of Kidderminster. It was held that this restriction was merely to prevent the defendant from using his skill in competition with the claimant and was, therefore, void.
There is another case involving a more senior employee which was held valid. It's all about the level - and I would have thought estate agency staff would not be considered that senior.
Which almost suggests constructive dismissal…
Nope - nowhere near. sorry constructive dismissal is bandied about a lot. Its hard to prove and it must be siomething that makes the job intolerable not merely a bit less satisfying
tj, there is a lot more, from conversations employer has a reputation, but she is dealing with it so I'll leave it there, thanks for the info anyway.