Radius clause help

[KSB87]

I am looking for some advice about a radius clause. I started at my current place of work a month ago but am unhappy working there so i have decided to seek new employment which i have now found. My current employer has multiple salons one of which i have now found out is within the 1.5mile radius, however it is not the salon branch I currently work at. Where would i stand on this as i have only worked there for a month, have no client base and have no intention of client poaching as i never tell clients that i’m leaving.

 

[AcidPerm]

For a radius clause case to be successful, the salon will have to prove that they have lost revenue or reputation. In addition, the court will also want to ensure the clause is reasonable and doesn’t prevent the employee from earning a living.

You’ve not worked there long, haven’t built up a client base and your new salon isn’t near to your old one, so I don’t see they have any case. They’d struggle to link the radius clause to every business they own, unless you were a senior manager working in all their salons.

In your shoes I’d take the new job and stop worrying.

However, what is it about your current job that you dislike?
Is it something that can be fixed if the management were made aware of the problem?

Will you definitely be happier in the new salon?

 

[KSB87]

For a radius clause case to be successful, the salon will have to prove that they have lost revenue or reputation. In addition, the court will also want to ensure the clause is reasonable and doesn’t prevent the employee from earning a living.

You’ve not worked there long, haven’t built up a client base and your new salon isn’t near to your old one, so I don’t see they have any case. They’d struggle to link the radius clause to every business they own, unless you were a senior manager working in all their salons.

In your shoes I’d take the new job and stop worrying.

However, what is it about your current job that you dislike?
Is it something that can be fixed if the management were made aware of the problem?

Will you definitely be happier in the new salon?

They have the same business name but in multiple areas one of which is within the radius of my new job. However my contract states that my place of work is the salon located well out of the 1.5radius so i was wondering if this could cause an issue.
i do really thing i’ll enjoying working at my new salon.

 

[AcidPerm]

No, radius clauses in hairdressing are rarely upheld unless there’s significant financial loss to the business and they can’t link it to somewhere you’ve not worked at.

 

[KSB87]

No, radius clauses in hairdressing are rarely upheld unless there’s significant financial loss to the business and they can’t link it to somewhere you’ve not worked at.

Its a beauty salon so would it be the same?

 

[AcidPerm]

Sorry, I assumed it was a Hairdressing salon, but yes, the advice is the same.

However, as you still haven’t said what the issues are that are making you want to leave, I’m wondering if you just need a bit of extra training and support?

Presumably, any competent manager will have a planned induction in place where they can assess any weaknesses and ensure you’re given additional support to bring you up to speed. If they’re not interested in supporting new employees then I don’t blame you for wanting to go.

 

[KSB87]

Ok thank you, im just genuinely not happy at my current salon, everyday i have work i get anxiety