ste_p23
Member
Registered: 29th Dec 08
Location: Hindley,Wigan
User status: Offline
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Setting up your own company in the field your employer is in and not telling them? Would it be seen as a conflict of intrest if they found out etc etc?
Discuss
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C2RL R
Member
Registered: 28th Mar 02
Location: Redcliffe, QLD
User status: Offline
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i guess so yes. would you be bothered though? if you are succesful in starting up on your own then it's no big deal. you would eventually leave anyway.
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BYRON
Member
Registered: 1st Jun 04
User status: Offline
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Yes.
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Tomnova16
Premium Member
Registered: 21st Jan 06
Location: Gerrards Cross Drives: Porsche 911
User status: Offline
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i did and only told them when i handed in my notice, so long as you dont physically take customers with you then their shouldn't be a problem
http://www.lemass.co.uk/ for all your automotive/bodyshop needs
Located in Chalfont st Peter
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Simon
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Registered: 24th Apr 03
Location: Oxfordshire
User status: Offline
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You would have to check your contract. I know mine has something about not setting up a similar company within a set radius for a certain amount of years after leaving
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DaveyLC
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Registered: 8th Oct 08
Location: Berkshire
User status: Offline
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Depends what your contact says..
If you are direct competitor or they can prove you were doing things for your own copany in their time or you are likely to steal secrets they will have grounds for dismissal.
As for being able to stop you from having your own business in direct competition they would have to have lots of money pursue it in court.
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Tomnova16
Premium Member
Registered: 21st Jan 06
Location: Gerrards Cross Drives: Porsche 911
User status: Offline
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sorry miss read it,
i was doing private work on a regular basis while still working and when i told them i had set up my own business they said they knew it would only be a matter of time. but that was private work and they only knew about an actual business when i handed in my notice.
They probably would ask you to leave though, but as said if your business is doing well then its not really a problem
http://www.lemass.co.uk/ for all your automotive/bodyshop needs
Located in Chalfont st Peter
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
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they cant prevent you from setting up next door to them doing the same thing if you wanted.
People will often try to insert clauses in contracts (mainly when you buy a business off someone) that'll state a certain amount of time or distance that you cannot work in that particular field - but they are practically impossible to hold up in court simply because they cannot prevent you from earning a living.
They would have to prove you stole secrets or intentionally harmed their business in some way whilst in their employment for anything to be done against you, but you're not high up in the company (I think) so they wont bother with it.
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Matt L
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Registered: 17th Apr 06
User status: Offline
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If i started up an accountants my contract states that i cant take clients from here, but one of the old employees has taken 2 or 3 now and as we have found out the boss has no leg to stand on legally as we cant prove that she approached them so nothing can be done.
aslong as you dont do your own companies work in work time then there should really be a problem i dont think.
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Conway563
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Registered: 7th Jun 06
Location: Yate, Bristol
User status: Offline
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Interesting, It says in Laura's contract that she's not allowed to open a nursery or any form of childcare business for 2 years after leaving where she is now but I wanted to look into it
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
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quote:
Originally posted by Conway563
Interesting, It says in Laura's contract that she's not allowed to open a nursery or any form of childcare business for 2 years after leaving where she is now but I wanted to look into it
Yup, in reality they'd have an extremely hard job of making it stand up.
If your missus could prove thats the job she knows, and thats the way she can earn an income then no court would ever rule against her - especially if its not within a very close proximity to where she currently works.
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Conway563
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Registered: 7th Jun 06
Location: Yate, Bristol
User status: Offline
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Cool, thanks for the info .
She's about to go on maternity leave but want's to go back part time in a year. I'm then trying to convince her to look at childminding which would be from home 5 miles from where she currently works
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
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5miles + and she wont have a problem tbh.
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SVM 286
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Registered: 13th Feb 05
Location: pain
User status: Offline
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quote:
Originally posted by ste_p23
Setting up your own company in the field your employer is in and not telling them? Would it be seen as a conflict of intrest if they found out etc etc?
Discuss
Have you got a contract ste?
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ste_p23
Member
Registered: 29th Dec 08
Location: Hindley,Wigan
User status: Offline
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quote:
Originally posted by SVM 286
quote:
Originally posted by ste_p23
Setting up your own company in the field your employer is in and not telling them? Would it be seen as a conflict of intrest if they found out etc etc?
Discuss
Have you got a contract ste?
Yes i do
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jrsteeve
Member
Registered: 3rd Apr 02
Location: Manchester
User status: Offline
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The clauses aren't enforceable as it prevents you from working. My old employer (big firm) attempted to take a couple of people to court but it never made it. If you want to remain friends with your old bosses then don't fuck them over, otherwise print off the client list before you leave
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Fro
Member
Registered: 20th Jun 06
Location: Rainham, Essex Drives: A3 2.0TDi Sport
User status: Offline
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If I tried to rival my company on any of the services/goods they provide they would laugh at me  
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SVM 286
Member
Registered: 13th Feb 05
Location: pain
User status: Offline
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quote:
Originally posted by ste_p23
quote:
Originally posted by SVM 286
quote:
Originally posted by ste_p23
Setting up your own company in the field your employer is in and not telling them? Would it be seen as a conflict of intrest if they found out etc etc?
Discuss
Have you got a contract ste?
Yes i do
There may be something in the small print or even in the main outline in there, but to be honest, they will usually have difficulty enforcing any kind of ruling. I may be wrong but I think that it is fairly illegal for one business to attempt to monopolise custom.
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ste_p23
Member
Registered: 29th Dec 08
Location: Hindley,Wigan
User status: Offline
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cheers mate i may request a copy of my contract and seek some legal advice
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SVM 286
Member
Registered: 13th Feb 05
Location: pain
User status: Offline
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