Is a 10 mile radius too much?

[ttaylor]

Like it says above I'm just reading the contract to a new job I am meant to start on Monday and the radius for if I was to leave is 10 miles that I can't work in, that covers most of my town! Is this the norm now? Starting to feel a little sick now!

 

[AcidPerm]

If you're not happy with the clause, negotiate. You don't have to agree to it. Try to find a compromise.

Also, how long is the limit for? It can't be indefinite. 6 months?

 

[ttaylor]

They want me to sign contract so I take it I would need to agree to sign it.

It is for 6 months but what would I do for 6 months if ever it did occur?

Thanks for your reply x

 

[stephanie_87]

It's not enforceable, 10 mile radius is unreasonable and would be ruled as that by any solicitor if it came to that I would just sign it, it will be fine good luck with your
new job x

 

[MissJulesBeauty]

I am with Stephanie, they would have a hard time enforcing it.

Don't panic and enjoy your new job x

 

[airendaie]

I had the same clause, 10miles for 6months. It seemed reasonable because I was working in a rural area. If you are in an urban area I can see it being more difficult. Does the clause exclude you from employed work or only self-employment? I would find that a bit harsh if they expect you to not go and work for another salon in the town! They can't stop you from earning a living!

 

[ssuk]

iv heard but dony know how right it is, that such clauses are not enforcable and are against your rights

Sent from my GT-S5830i using SalonGeek

 

[ttaylor]

Thanks everyone for your replys, the only thing is the contract has been drawn up by a solicitor I'm guessing this is enforceable, it's forbids me to seek work anywhere that could be competition or of similar intrest to the company also any other company that has had dealings with the salon.

 

[Becki2003]

Hi. No a clause like that is not enforceable for an unreasonable distance. Even though it's been drawn up by a solicitor it doesn't make it right. You don't know if that clause was insisted upon by the employer (probably against advice) or if it's a standard contract template where you enter your own values. 3-5 miles depending on the area is the norm and an acceptable distance but that's usually for becoming self employed. Thing is it's probably far too expensive for them to bother fighting it even if you did set up litterally on their doorstep (although that is bad practice). You are within your rights to negotiate the contact and walk away if you can't agree terms. If they are unwilling to compromise on something like that, then you have to ask yourself what consideration you are going to get from them as an employer in general, and maybe what exactly they are frightened of. Hope that helps. Xx

 

[hair206]

My contract with a well known chain of hairdressers was for a 6months peroid within a radius of a quarter of a mile.

So think thats rubbish, thats way to much dont sign it.

 

[fozzyo]

It really isn't enforceable ... I used to work for a very large commercial law firm and even though the HR department wanted to use clauses like that the lawyers told them they couldn't.

What can they do if after you leave? Put you through a disciplinary, you've left so they can't do that. Withold payments you are due? No, you have a left so nothing to pay you and if they do that is way illegal so can't do that either. I can't even see how they can sue you for breach of contract, you leave them on Friday and start new place on Monday. Whilst working for them you weren't working for anyone else, and then on the Monday the contract has been terminated so no longer applies.

A former employer cannot dictate who / where you work for. These clauses are put in to scare people into thinking they cannot move or work for anyone else, I really would just sign it and forget about it.

Mat

 

[Becki2003]

If you are worried about it try and find any case where an employer has taken action against a former employee with relation to such a clause. I doubt very much that you will find one.

Mat

Here is an example of it not being used - even by a company that is worth £300 million and fired the previous owner.
I worked as a singing teacher for a rather large theatre school franchise(c£25k to buy one brand new). The previous owner was running it into the ground so they took it off her (some legal stuff I won't go into). I was given it to caretake then eventually took over a new owner. She tried to cause so many problems that even included setting up her own school literally in the building next door. Used their guidelines and structure and massively undercut us. It was hurting my new business. I asked them to use the clause and stop her. And they said to me "there is no point it will cost more than its worth, she won't be a threat" she was and my school went out if business 2 years later. So I did the same, safe in the knowledge they wouldn't do anything. And made a success of it that time round. Xx

 

[ttaylor]

Thanks everyone it does seem a very taboo subject, most people say its not enforceable, I have spoken to her again about it and voiced my concerns (brave for me as I'm not very confrontational!) and she has said that it is more about clients and that I can take withe what I bought but Not any of the salons

 

[nikkib]

Its not unenforceable per se but if it went to court I can see them ruling a 10 mile radius unfair.

Employers have taken ex employees to court and they have won. Bluebella Apparel v Dickenson is a good example.

 

[fozzyo]

Ok, I guess the issue is more cost ... Is a small business salon in a small town really going to take on the cost of a court injunction?

 

[smooth]

Thanks everyone for your replys, the only thing is the contract has been drawn up by a solicitor I'm guessing this is enforceable, it's forbids me to seek work anywhere that could be competition or of similar intrest to the company also any other company that has had dealings with the salon.

They can't stop you from working in another salon, how are you going to live? They can stop you from taking "trade secrets" and "confidential data" to competitors etc but a 10 mile radius is unfair. Most contracts I have seen say a 1 mile radius and no poaching clients etc. It's awful to say but if the worst happened do you think they would have the time, money and inclination to try to sue you?