Non compete plus gardening leave: enforceable in UK?

Hi,

I am working at a Quant fund in the UK and my employment contract has a notice period of 6 months (the company has the right to put me on gardening leave for this) plus six months non compete after this. So if they can enforce this, I will have to wait one year before I can join a competitor.

Do some of you have experience on how this works in the UK? Can the non compete be enforced? Will they have to pay me? Obviously they have to pay me during the gardening leave as I would still be employed by the company, but the contract says nothing about the non compete. So could the company get away with forcing me to sit out these six months without pay?

Thanks for your help!

Comments (4)

Feb 26, 2019

Hi CambridgeGuy1986, no, I never sleep and so I can respond to any lonely threads (like this one) at all hours of the night. Impressive, I know ;-)

  • Resigning & Garden Leave I'm trying to figure out if I can look forward to garden leave, or weeks of sitting around. I am ... governing principle? I've known people in sales & trading who were gone the day they resigned. In ... research, it seems that people are usually put on garden leave if they're heading to another sell-side ...
  • Quitting time- views on how to leave your job a peon. This should leave a good impression and you'll never know when/how that could work in your ... also leaving to join another division & region in the same bank (ie inevitably I would come across ... manager and is willing to deal with your resignation constructively, plus thinks that there is value ...
  • LEaving a job- signed a Non-compete- Why should I tell them where Im going? ready to make another move. I signed a non-compete, leaving could impact my stock awards, and they could ... even stop me from working for 6 months, but they have only ever enforced that in special cases and ... mechanism companies routinely use to check on former employees? Thanks non-compete ...
  • Non-compete for RE Dev Associate? develops in any of their markets (basically any sizable RE firm within several states). The non-compete ... this and screw me over? Does the non-compete still apply if I get laid off? Thanks in advance for any ... looks good, but they want me to sign a non-compete that prevents me from working for any RE company that ...
  • Non-Competes for IB Analysts was a non-compete clause made part of the standard (or sample) employment agreement that you received? ... (can you leave)? And truth be told, how much does this impede job prospects and exit-opps in general at ... Hey monkeys, For those of you who were hired as IB Analysts/Associates (recently or in the past), ...
  • Leaving Drinks really wanted to know was 1) How long was the lucky bastard's 'gardening leave' (e.g. his ... "Parting is such sweet sorrow". My arse. When it comes to certain colleagues who leave ... a deeply unpopular character announced his resignation and, as is the City tradition, was obliged to invite ...
  • Resign or take offer? choose the termination date so I can go on gardening leave- let me keep my work blackberry (no sim)- give ... management?) The culture in the team, as you can imagine is male driven and they are quite laddish/cowboys so ... Hi All, I am in a bit of a predicament, I am a stock broker and I am not sure what to do in this ...
  • More suggestions...

Fingers crossed that one of those helps you.

Mar 3, 2019

I think the only person who can realistically help here is a solicitor with experience in employment contracts.

The penalties if you put a foot wrong in interpreting your contract could be potentially serious.

Mar 3, 2019
CambridgeGuy1986:

Hi,

I am working at a Quant fund in the UK and my employment contract has a notice period of 6 months (the company has the right to put me on gardening leave for this) plus six months non compete after this. So if they can enforce this, I will have to wait one year before I can join a competitor.

Do some of you have experience on how this works in the UK? Can the non compete be enforced? Will they have to pay me? Obviously they have to pay me during the gardening leave as I would still be employed by the company, but the contract says nothing about the non compete. So could the company get away with forcing me to sit out these six months without pay?

Thanks for your help!

I suggest you spend the PS400 or so to consult with a lawyer.

    • 1
Apr 13, 2019
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