Hypothetical Question:
Does anyone know the legal implications (in reality) of leaving ones employment to go to a company which would be considered a competitor where ones contract of employment stipulates you cannot go to a competitor within x months of leaving?
From here:
http://www.citizensinformation.ie/c...ontracts-of-employment/contract_of_employment
So it would appear to an issue of contract law as opposed to employment law.
I am hoping that some legal experts might be able to shed light on the reality of the situation in Ireland and if there have been cases already through the Irish courts.
Thanks.
Does anyone know the legal implications (in reality) of leaving ones employment to go to a company which would be considered a competitor where ones contract of employment stipulates you cannot go to a competitor within x months of leaving?
From here:
http://www.citizensinformation.ie/c...ontracts-of-employment/contract_of_employment
Specific provisions in contracts of employment
In recent times, some employers are adding in specific provisions in contracts of employment that limit the ability of employees to work in a certain sector, with certain suppliers, clients, for a period following termination of employment. (For example, it may specifically state that the employee cannot work in a certain sector, with or for suppliers or clients of the former employer, etc.). There is nothing in employment law in Ireland that strictly forbids this, but there is no provision in employment law that allows this either.
Essentially, this is an issue of contract law - that is, the contract of employment signed and agreed between the employer and employee. If you have any concerns about this issue, you are strongly advised to seek legal advice from a competent legal professional in advance of signing this contract. However, even if the contract is signed, you are always free to seek such legal advice. Solicitors' fees in Ireland can vary widely so shop around and obtain some quotes for legal advice before you proceed.
So it would appear to an issue of contract law as opposed to employment law.
I am hoping that some legal experts might be able to shed light on the reality of the situation in Ireland and if there have been cases already through the Irish courts.
Thanks.