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Settlement Agreement Help

Discussion in 'Workplace dilemmas' started by butterfly0047, Oct 1, 2015.

  1. butterfly0047

    butterfly0047 New commenter

    I have managed to negotiate a decent Settlement Agreement for myself (after ditching union). Im quite happy with it apart from fact they want to stop me doing supply in thier LEA for 3 years.
    Has anyone heard of this? Any advice? I have queried it with them today and Im waiting for Solicitor to call me back
    Thanks :D
     
  2. GLsghost

    GLsghost Star commenter

    I have heard of it. It's often referred to as 'restraint of trade'.

    Discuss with your solicitor whether this isn't an unfair contract term. Essentially, especially if you are geographically far from the neighbouring LEAs, this is attempting to prevent you from earning a living and, even if it could be 'fair' in principle, the length of the term (3 years) could be argued to be oppressive. Judges tend not to like that.
     
  3. stmha

    stmha Established commenter

    Doesn't sound like a workable agreement, who is the dispute with?
     
  4. Morninglover

    Morninglover Star commenter

    What!!!

    Absolutely unacceptable. It's no business of theirs where you work. You are not in competition with them! It sounds petty and plain vindictive....

    Youy say 'a decent settlement' - well unless it is equivalent to 3 years of your current salary in full, I'd suggest it isn't 'decent'.....
     
    snowyhead likes this.
  5. mark6243

    mark6243 Occasional commenter

    Tell them where to stick it, and you'll see them in court.

    ******** :mad:
     
  6. snowyhead

    snowyhead Lead commenter

    My partner had a similar clause in their contract of employment as a sales director, but it was for one year and three months. Company used it to protect their business interests from poaching. When my partner resigned the company reminded them quite forcibly of this clause via their solicitor. Our solicitor responded that my partner would abide by this clause for six months, because it could be deemed as preventing my partner from earning a living. We never heard from the company again.

    I fail to see what business interests an LA might need to protect from one supply teacher.
     

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