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Non-competition agreements in graduate contracts

 
forum comment
#0 Non-competition agreements in graduate contracts
 
OP
08.04.8 00:00
 
I remember reading a post about non-competition agreements in graduate contracts on this site about a year ago, however I can’t remember more than that it was unlikely to be used to stop you switching to another consultancy. Would anyone be able to give me a bit more detail on the subject? What is the point in them if they aren’t intended to stop a grad moving on after x years?
 
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forum comment
#0 RE: Non-competition agreements in graduate contracts
 
Evil Consultant
08.04.8 00:00
 
OP,Having just left one consultancy for another, I'm in a position to comment. My contract with my former employer contained such a restriction, but made very little difference to my signing on with a new firm: I cannot work on behalf of my new employer in the next year for any of the clients for whom I worked on behalf of my old employer in the year before I resigned.For what it is worth, European employment law places strict duration and scope restrictions on the legality of such non-compete clauses.The bottom line is that provided you're straight with your new employer and maintain good relations with your previous employer, it is unlikely to be a deal-breaker.Best of luck.EC
 
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forum comment
#0 RE: RE: Non-competition agreements in graduate contracts
 
OP
10.04.8 00:00
 
Cheers EC.I guess as with many questions on here the answer is to contact HR.
 
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forum comment
#0 RE: RE: RE: Non-competition agreements in graduate contracts
 
Mars A Day
10.04.8 00:00
 
Evil Consultant put it well, and I think the only result from contacting your HR department about this will be to flag up a potential opportunity to run interference, which can be a bit of an HR specialism.For a restrictive convenant in your contract to be valid and enforceable (which are by no means the same thing) - and it matters not one jot whether you have signed the thing or not - is whether it is defined closely enough to protect only that which needs to be protected, and does not amount to restrictive practice. By and large most firms will anticipate you will behave in a professional and courteous manner, acknowledge there is room for everyone, and expect you to not compromise your old firm.
 
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forum comment
#0 RE: RE: RE: RE: Non-competition agreements in graduate contracts
 
OP
10.04.8 00:00
 
So basically, don't let it interfere with your job choosing process? I severely doubt I'll be a bastard when the time comes to move on so I'm thinking the clause shouldn't be much of a problem.
 
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forum comment
#0 RE: RE: RE: RE: Non-competition agreements in graduate contracts
 
Evil Consultant
10.04.8 00:00
 
I agree with A Mars A Day, I would not contact HR at all until you're ready to go ahead and give your resignation. Present them with a fait accompli once you've found the next step, but be polite and be professional.Most employment contracts are fairly easy to read and interpret, so just get a copy of yours (your employer has to present you with one to keep when you sign up) and do the legwork.EC
 
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