radius clause, please help!

[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

 

[kimi1101]

you cant do hair/beauty anywhere within 1-1.5 miles of your current work, for 26 weeks (as long as you have worked at your current work more than 3 months)

If they have put you through any training in the past 6 months, you will have to repay 50% training costs.

x

 

[rachael204]

you cant do hair/beauty anywhere within 1-1.5 miles of your current work, for 26 weeks (as long as you have worked at your current work more than 3 months)

If they have put you through any training in the past 6 months, you will have to repay 50% training costs.

x

That's about the size of it!

Although I don't know how enforceable it is with the not working in another salon etc as if it is the job you are qualified to do they cannot stop you working in your profession surely!

That would be like being a teacher and being told you cannot work at another school nearby!

As to the training they may ask for you to repay any training costs xx

 

[Bluerinse]

That's about the size of it!

Although I don't know how enforceable it is with the not working in another salon etc as if it is the job you are qualified to do they cannot stop you working in your profession surely!

That would be like being a teacher and being told you cannot work at another school nearby!

As to the training they may ask for you to repay any training costs xx

Very enforceable!! I worked in a salon and a stylist left and this was in their contract and she had to leave the new salon 3 weeks in cause she breached her contract....which was this clause

 

[andrea j]

you cant do hair/beauty anywhere within 1-1.5 miles of your current work, for 26 weeks (as long as you have worked at your current work more than 3 months)

If they have put you through any training in the past 6 months, you will have to repay 50% training costs.

x

Thank guys!! I understand that part of it it's the bit in the middle I'm not sure about!

'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'

Thanks again for your help

 

[kimi1101]

what it means is you cant be a receptionist, junior, hair washer, nothing to do with hair or beauty.

 

[coops]

Very enforceable!! I worked in a salon and a stylist left and this was in their contract and she had to leave the new salon 3 weeks in cause she breached her contract....which was this clause

I was almost in a similar situation, the salon I left wanted to sue me, what for I don't know, but I ended up having to get professional measurers (didn't know they even existed before !) to measure the distance between old salon and new. Luckily the new salon was about 6 ft out of the radius distance!

 

[kezza*]

I had a clause like this in my contract. It was for 5 miles. I lived 0.5 miles from the salon and I set up from home. I recieved a letter saying that they were going to sue me so I saw a legal advice. I was told that they couldn't hold me to it and if they were to sue me it would cost them more in the long run. I never heard anything after that.

Hair and beauty is your profession I can't see them stopping you from working in the hair and beauty business. I wouldn't worry about that. They can't stop you working that's what I got told, you still have to make a living. Sometimes they add these things into contracts to stop you from opening up across the road from them, it's to cover there back's.

 

[Curlywurly82]

i had to do some reading up on this for my bosses partner last month.

the information i found suggested that these clauses can be enforceable but they have to be reasonable e.g. in the lenght of time and the distance as they cannot prevent you from working altogether. It also depends on the job type e.g. whether you are party to lots of trade secrets etc.

Not only does distance but also location come into it. If you work in a small town with three hairdressing salons and your contract said you weren't allowed to work for 5 years within 5 miles in a beauty therapist or hairdresser role then they probably would not be succesfull at claiming against you as they are prohibiting you from work.

However if you were in the medical research post working on groundbreaking medicines then given the lenght of how long it takes to get medicines to market it may be considered a reasonable clause and they may be succesfull

Also "within a one and one half radius" just means 1.5 mile radius not 1 - 1.5 miles (it's the and mean literally and a half its just worded more formally).