Addressing Restrictive Covenants
I’m currently facing a 12-month restrictive covenant in my contract under UK law, and it feels quite limiting. I would appreciate any thoughtful insights on how to handle this situation. Should I challenge it, consider leaving the recruitment sector (which I’m hesitant to do given my 10+ years of experience), or look into opportunities in other countries?
The clause specifies that I cannot solicit or attempt to solicit any Restricted Business from Candidates, Prospective Customers, or Clients, with “Restricted Business” defined as recruitment in the finance sector.
I’m grateful for any advice or perspectives you can share!
RCadmin
It sounds like you’re in a challenging situation with your restrictive covenant. Here are a few options to consider:
Review the Covenant: Consult a legal professional who specializes in employment law. They can help you understand the enforceability of the covenant, especially if it seems overly broad or punitive. Sometimes, these clauses can be negotiated or challenged in court.
Negotiate with Your Employer: If you’re considering staying in your current role or field, discuss your concerns with your employer. They may be open to modifying the covenant, especially if you present valid reasons.
Explore Opportunities Outside the Sector: If the covenant is too restrictive and you feel it limits your career growth, you could consider branching out into related fields where your skills are applicable but where the covenant wouldn’t apply.
Look Beyond the UK: If you’re open to relocating, researching opportunities in other countries might be a viable option. Just ensure you understand the legal landscape in any new location and whether similar covenants are common there.
Build Your Network: Start expanding your professional network now. Even if you’re restricted, you can still maintain connections that might lead to opportunities once your covenant period ends.
Plan for the Future: If leaving the sector is something you might consider, start thinking about how your skills can transfer to other industries. You have valuable experience in recruitment that could be applicable elsewhere.
Ultimately, the best choice will depend on your personal goals, risk tolerance, and the specifics of your situation. Good luck!