HELP!!! Radius clause

[andrea j]

Hello, I'm just looking for a little bit of help understanding the radius clause in my contract. As i would like to open my own salon in the near future I need to fully understand this clause and as i don't I'm just wondering if anybody else can help me!
This is the radius clause below............

Due to our commitment for the provision of ongoing training for all staff, for the 26 weeks after the termination of employment, the employee shall not at any time under this agreement solely or jointly with any persons, firm or company directly or indirectly carry on or assist in carrying on either principle or as manager, agent, servant, assistant or in any other capacity whatsoever be in any way concerned or interested in the business of hairdressing/beauty therapy within a one and one half radius of the salon where the employee was mainly employed for the 3 months prior to the termination of their employment.
Any member of staff who leaves employment within 6 months of undergoing an external training course will be liable for 50% of the course fee.

I would be very greatful to any information and help!

Many thanks
Andrea

 

[Scottishsarah]

Hmm, what puzzles me is the "one and a half radius" ..is it 1.5 miles? Km?
So for 26 weeks after you leave your current employer, you cannot work in the beauty/hair industry within one and a half whatevers of the salon.

Does that help?

 

[TigerNails]

How much would 50% of the course fee be? Dont let it be a deterrant to opening your Salon!

Plus by the time anyone realises who is running the new salon in town....6 months will just have about passed anyway!

 

[Princess Layla]

Go to citizens advice to see if she could enforce this? Is the contract worth the paper it's written on?!

 

[sammi010]

The course fee clause will be very black and white and is standard for most employers, and only fair really. So if they pay for a course and you leave within 6 months of completeing that couse you owe them 50% of he course fees. If you think it might be on the cards ask before attending any course what the cost is. To be honest if you refused to pay they would have to issue a county court proceeding against you, which would only be a black mark if you refused to cough up.

The radius bit isn't so black and white and again to enforce it they would have to take you to court for damages. They would have to prove that they had lost income by you poaching clients from their salon, but even if clients did transfer to you most courts don't uphold it because you can't prevent someone from earning a living, and if that is what you are trained in then obviously that is what you are going to do. Although if it's 1.5 miles or km it's not hugely prohibitive, where as if it was say 15 miles then it would be seen as unreasonable.

But as I said most employers rarely take action to start with.