I've got a non-compete clause in my contract, however from what I've read, I would consider it to be 'over restrictive', and as such un-enforcable.
The wording is thus:
As a separate agreement you undertake that you will not within 20 miles for a period of 12 months after termination of your employment either on your own account or on behalf of any other person, firm or company carry on or be engaged in any business which shall be in competition with the business of the Company at the date of termination.
Which is basically say I cannot earn a living whatsoever in my chosen trade (web development) unless I effectively move house, which I'd consider a 'restraint of trade'.
From what I understand, the tests that are applied to these clauses are:
- Necessary to protect legitimate business interests; and
- Of a duration no longer than is necessary to protect those interests
As a senior member of the company, I can understand why it could be seen as necessary (although there is also a non-poaching clause and a non-soliciting clause which would protect their interests anyway), however the 20 miles radius and 12 month duration (particularly considering the average length of any given job is about 3 months, and the longest ones are only typically 6 months) to me seem unreasonable (but then I am biased!)
Has anyone else had experience with this, and is it likely to be enforceable or not?