Working Contract

[stevebuk]

i have been working for this company for 8 years now and they have just decided to supply us with contract, mind we are up for sale..
One of the paragraphs says we are not allowed to contact the press or media, or get a job within 2 miles of this place, is this a usual requirement in contracts or are they paranoid, after all its a garden centre not the houses of parliment..

 

[marcros]

It isn't unheard of.

2 miles isn't too restrictive. Sometimes the non-compete clause can be any competitor for a period of time although I am led to believe that a very restrictive one is probably unenforceable.

How likely, if you leave, are you to seek work within 2 miles? (In the City, it would be more of an issue). Is it restricted to competitors only?

I wouldn't worry too much about those clauses personally. You probably don't have a great opportunity to negotiate the "standard" contract but it would cost a lot for them to enforce it. As long as you are not stealing IP I doubt that they would bother (I don't know what you do at the garden centre and whether this is relevant).

 

[RogerS]

Steve, this link might be helpful. For starters, unless they gave you a written statement then they have broken the law.
http://www.adviceguide.org.uk/wales/wor ... oyment.htm

Have they ever said before that you must not contact the press or media? Or that you cannot get a job within two miles of your workplace (if that is exactly the wording they are proposing then it is not legally enforceable as it is unreasonable). If the answer to either or both is 'No' then they are trying to enforce a contract on you retrospectively which they cannot do without your agreement. Of course, if you decide that you don't want to sign it then you run the risk of them summarily dismissing you. However, my understanding is (although I am not a qualified employment legal eagle) that you would then have a case for Unfair Dismissal.

In any event have they been more specific about contacting the press or are they proposing something as open-ended as you suggest. In which case, again not enforceable. It is too broad. Means you couldn't post on any forums as they are classed as media. Just as Facebook is.

 

[John15]

I don't think it's unusual for a bar on contacting the media. Mine certainly had one but no restriction on distance for taking up new employment as far as I can remember.

John

 

[RogerS]

But it has to be work specific. They can't simply say 'Thou must not talk to the press'.

 

[DiscoStu]

Not sure they can actually enforce you not working within 2 miles of your current employer, and I don't think it is possible to contract you not to talk to the media. Most companies normal cover this over by using the "bringing the company into disrepute". I often deal with the media outside of work and I wouldn't allow that to be added to my contract.

 

[stevebuk]

Thank you very much for your input guys, I need to read this contract more closely and put forward anything else I am not sure about, I am also paid by salary and during the winter if we make the effort to turn up after snow and get sent home we are paid for it, according to this new contract I am to be sent home now and not paid as they can claim they are not able to offer us work, I know it all stinks so I would like to get it sorted out, once again thanks guys..

 

[Baldhead]

Steve there's a couple of legal forums I have used in the past

http://www.thelawforum.co.uk/forums/ask-question-here

And

http://swarblaw.co.uk/viewforum.php?f=14

Both sites are frequented by legal professionals and both have been extremely helpful.

HTH

Baldhead

 

[Flynnwood]

i have been working for this company for 8 years now and they have just decided to supply us with contract, mind we are up for sale..
One of the paragraphs says we are not allowed to contact the press or media, or get a job within 2 miles of this place, is this a usual requirement in contracts or are they paranoid, after all its a garden centre not the houses of parliment..

You are being offered a contract of employment which essentially means you can accept or decline it. It used to be (from memory) 13 weeks for you to make your mind up.

If you don't accept the terms and your contract, you won't have a job.

Legal route for recourse is a nightmare imo. [1] [2]

Presumably you have heard of zero hours contracts ...

Best bet is to take the new terms, and if you don't like it ... look for another job.

[1] If you want to 'experience' (from a distance) the legal forces in play/at work, visit your local Employment Tribunal office and sit in on some cases for 2 days. Any member of the public can attend. ET's are less formal than a court.

Try to pick cases that are not self-represented, but legally represented.

i.e. A case where the employer (called the Respondent) is legally represented against the Claimant, and the person (Claimant) is also legally represented.

ET's changed a lot in July 2013.

http://www.adviceguide.org.uk/wales/wor ... 2013_e.htm

[2] Also be aware that even if you went the full distance and won at an ET, the Respondent may still not pay out.

 

[RogerS]

Steve, this from a firm of solicitors seems to suggest that they cannot unilaterally change a contract without leaving themselves wide open. http://www.gannons.co.uk/expertise/cont ... ent-terms/

Did they ever give you a written statement of employment?

TBH you need to see a solicitor who has experience of employment law rather than take input (well meaning though it is) from a forum. IIRC if the company wants to change things then they are bound to pay for you to take advice from a solicitor.

One other thought...if they want to change the contract then negotiate one-off payment from them to compensate you.

 

[stevebuk]

Thanks again chaps, I have never had a written statement of employment from the owners and so I have nothing to compare it to, I will be asking for clarification on certain points but I feel we will all just have to sign it and move on..

 

[Harbo]

I thought all that stuff only applied to Directors who might leave with Company Secrets?
That contract sounds a bit paranoid?

Rod

 

[mind_the_goat]

I'm sure you would have a claim for unfair, or constructive dismissal if they try insist you sign a contract with terms that were never disclosed or you never agreed to. Asking you to agree to those terms just before selling the company sounds dodgy to me. I'd read the rest of it very carefully.

 

[DiscoStu]

Even though you've not had a written contract previously if things have changed between practice previously and a written contract then I don't think a new contract can be forced upon you. Having been through a sale process I suspect most of this is just trying to get their house in order and it's provably a contract that they've copied from elsewhere. I'd suggest looking at the areas of concern with management, you may find that they don't mind changing things if it means that they can get contracts signed and tick that box off as part of the sale process.

 

[John15]

A plasterer's labourer friend of mine told me recently that some employers in the building industry are attempting to switch their staff to Zero Hours contracts. He said this was a way of not paying the employees for the day when they are sent home early due to rain for instance.

John

 

[rafezetter]

i have been working for this company for 8 years now and they have just decided to supply us with contract, mind we are up for sale..
One of the paragraphs says we are not allowed to contact the press or media, or get a job within 2 miles of this place, is this a usual requirement in contracts or are they paranoid, after all its a garden centre not the houses of parliment..

My last job had a clause that said I was not allowed to start my own competing company or work within another already established competitor for a period of 12 months which makes it pretty damn hard to find a new job in the same line of work that I have more than 10 years experience in.... I wrote to the owner of the company of my previous place asking if I may be allowed to apply for jobs that may be seen as a breach of that clause and was told any such application, when they try to contact my previous employer for reference will have that reference refused - which is the same as a bullet to the head for the application.

It wasn't even that big a company; just 2 branches, or that I know any special proprietary secrets - it was a glorified builders merchants for god sake.

So in essence, this kind of thing does happen and can be taken quite seriously by those who draw up the contracts.

 

[stevebuk]

I must admit, looking through my contract yesterday there is a section that says every October they do a wage review and depending on the circumstances they will sort out a raise in salary, nothing has happened for the last 8 years that I know of, so if they won't give me a raise and a garden centre up the road from us offers me a better paid job I can't accept it, it's win win for them isn't it,,

 

[RogerS]

I must admit, looking through my contract yesterday there is a section that says every October they do a wage review and depending on the circumstances they will sort out a raise in salary, nothing has happened for the last 8 years that I know of, so if they won't give me a raise and a garden centre up the road from us offers me a better paid job I can't accept it, it's win win for them isn't it,,

Only if you sign it.

These are all restrictive covenants. There is plenty of case law and professional advice out there if you want to use it. For example here http://www.lindermyers.co.uk/are-restri ... forceable/ but in one of your posts you said you were simply going to sign it and go-with and so I'm not sure what value my post is.

 

[stevebuk]

Thank you for your input roger, we have been told we have 30 days to sign and hand it back, if we don't it will be classed that we have signed it anyway otherwise we have to take out a grievance against the company which could lead to disaplinary action...

 

[RogerS]

As I said before, Steve. Go and see a solicitor who specialises in employment law.

There is so much out there that supports you.

http://www.findlaw.co.uk/law/employment ... 00155.html