E.G.Red Posted April 27, 2018 Report Share Posted April 27, 2018 Did anyone catch the story that Middlesborough are taking legal action against Birmingham. Apparently the 4 back room staff who went to join Gary Monk at Birmingham had a clause in their contracts that if they left Middlesborough they couldn't work together until December. Link to comment Share on other sites More sharing options...
BS4 on Tour... Posted April 27, 2018 Report Share Posted April 27, 2018 3 minutes ago, E.G.Red said: Did anyone catch the story that Middlesborough are taking legal action against Birmingham. Apparently the 4 back room staff who went to join Gary Monk at Birmingham had a clause in their contracts that if they left Middlesborough they couldn't work together until December. That’s interesting....compromise agreements, when employees leave an organisation, and ongoing contract clauses are very enforceable....I wonder why the 4 people concerned would have been happy to have signed contracts with that very particular clause included?! And why has it taken Boro so long to realise they are working together at Brum?! Link to comment Share on other sites More sharing options...
CotswoldRed Posted April 27, 2018 Report Share Posted April 27, 2018 15 minutes ago, BS4 on Tour... said: That’s interesting....compromise agreements, when employees leave an organisation, and ongoing contract clauses are very enforceable....I wonder why the 4 people concerned would have been happy to have signed contracts with that very particular clause included?! And why has it taken Boro so long to realise they are working together at Brum?! Presumably they were allowed to terminate an existing contract on those terms. As such they'll likely be in breach of those terms. Although, I often see employment contracts that say "you can't work for a competitor within 6 months of leaving". Utter tosh. Link to comment Share on other sites More sharing options...
Davefevs Posted April 28, 2018 Report Share Posted April 28, 2018 I think Middlesbrough should be docked points for not spotting it Link to comment Share on other sites More sharing options...
Bristol Rob Posted April 28, 2018 Report Share Posted April 28, 2018 15 hours ago, BS4 on Tour... said: That’s interesting....compromise agreements, when employees leave an organisation, and ongoing contract clauses are very enforceable....I wonder why the 4 people concerned would have been happy to have signed contracts with that very particular clause included?! And why has it taken Boro so long to realise they are working together at Brum?! I was under the impression that the right to work was greater than the right of a previous employer to stop you from working. Be interested to see how this plays out. Link to comment Share on other sites More sharing options...
Guest Posted April 28, 2018 Report Share Posted April 28, 2018 15 hours ago, BS4 on Tour... said: That’s interesting....compromise agreements, when employees leave an organisation, and ongoing contract clauses are very enforceable....I wonder why the 4 people concerned would have been happy to have signed contracts with that very particular clause included?! And why has it taken Boro so long to realise they are working together at Brum?! This wouldn't be a compromise agreement; in fact the very opposite. A compromise agreement is very specific regarding the employee (ie Monk) agreeing not to pursue action against the employer (Boro), this is the reverse. This is about non-competing, and enforceability comes down to reasonableness because it's a restraint of trade. So it's not just a case of you signed it so it's enforceable. Link to comment Share on other sites More sharing options...
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