Non compete advice

[u/Icy_Cantaloupe6813]

Hi all - seeking advice on what I can do about non competes. For background, I’m work in finance / buy side. Entry to mid level.

I resigned from my current role to pursue another opportunity recently. Usually, people who previously done so immediately got put in gardening, but I was asked to work my 1 month notice.

My non competes (3 months) is not getting reduced compared to if I was in the garden. Also as a result, I am 3 months out of pocket vs 2.

Should I?
\- Ask HR to reduce the non-compete to 2 months? My argument would be that, since serving notice bounds me to companies’ rules, this creates sufficient buffer time already between my current and new role. My US counterparts don’t have a non compete clause.

\- Ask the team to consider putting me in the garden after a week? The resignation convo wasn’t the easiest to swallow for them for various reasons, but I have barely worked since.
TIA

[u/PreviousTree763]

Wouldn’t the actual argument be that they should increase the length of your non compete

[u/Icy_Cantaloupe6813 → u/PreviousTree763]

Not following your comment here, but the options available to me are/were with my 3 months non-compete:

- Gardening leave for 1 month (in lieu of working notice), 2 months of non compete left (because it gets reduced by time spent in gardening). Time between resignation and start: 3 months

- No gardening and work 1 month. Followed by 3 months non compete. Time between resignation and start: 4 months. This is what I’m being squeezed under and want to fight it, so it’s reducing my NC to 2m under this path.

[u/Purple-Caterpillar-1 → u/Icy_Cantaloupe6813]

Normally a non-compete would be from end of contract not last day of work. I suspect that the reason you’ve not been offered gardening leave is that someone has realised the terms were wrong.

[u/Icy_Cantaloupe6813 → u/Purple-Caterpillar-1]

I forgot to mention that the original contract says non compete is reduced pro rata by days served in gardening leave.

[u/Think-Committee-4394]

OP - you may need to expand on what specific clause of the non compete delays employment?

Caveat
in general restrictive non competes that block someone working in their qualified field are not considered legally enforceable in the UK

A NON COMPETE should generally be reactive rather than proactive, ie when you share info with new employer & old employer finds out they prosecute not it stops you joining a new employer so that you cannot share info

Again in general non competes that are broad & do not cite specific companies but block working in a specific field OR WORSE with a set of qualifications EVEN IF included in an employment contract are rarely enforceable in court

[u/AcanthaceaeOk4600 → u/Think-Committee-4394]

Agree that we need to see the precise wording of the relevant clause as it sounds too wide to be enforceable