Need help on understanding notice versus non compete
Hey all, I'm based in LDN and just got a HF offer but wanted some help in understanding a contract I've just been given. It says a three months notice period, but it also it says I have a 3 month non-compete from the date of termination. Is the date of termination the same as the date you resign? In which case the non-compete and the notice period is the same time length, i.e. 3months total? Or would the non-compete start after the notice period finishes, i.e. 6 months total.
from the date you are told to fk off. if you resign then starts the same day. they can be flexible.
You should read the contract carefully as that should define the date of termination for the purpose of the non-compete. At many firms the 3 month non-compete would start once you are on garden leave but not start if you are still working during the notice period. There was a relatively recent court case in the UK involving a non-compete clause that only started at the end of the notice period which was mostly spent on garden leave for that particular employee. If you are still unsure I would suggest consulting with a lawyer as they will read the contract and can then more definitively answer this sort of question based on your contract and UK employment laws.
The way you describe it, I suspect the Termination Date would be only when your 3M Notice Period ends, so you'd have 3M non-compete after that. However, this is the sort of thing you need to be very clear about and depending on the HF there might be some wiggle room. For instance, perhaps you can try to get the 3M notice and 3M non-compete to be concurrent. If not, then I would also try to get them to put in the contract that the 3M non-compete is 'paid', as oddly quite common this is not the case.
You should just spend a few hundred bucks to have a decent employment lawyer review it. Cmon man.
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