Briefcas EMPLOYMENT
Make it clear that you will honour any other restrictions in your contract , such as confidentiality and not approaching former customers . This can help reassure your old employer that it is not your intention to harm their business .
If you are not sure why your employer wants you to adhere to the restriction , ask them about the specific business interests they are trying to protect and the concerns they have . You might then be able to find ways round the specified problems .
Negotiating with a new employer
If your old employer will not compromise on the restriction , you could ask your new employer if they could give you an alternative job for the duration of the restriction . This could be either a different type of job or a job at an alternative location until the term of the restriction expires , so you will not break the restriction . For example , if your old employer operates in a specific town , you could ask your new employer if you could
work at a branch in another town for 3 months ; or , if you work in sales , you could ask your new employer to give you an administrative job for 3 months .
If you are able to agree a temporary change in role , check whether your pay and conditions will stay the same . If your new employer cannot offer you any alternatives and you really want the job , you may be able to negotiate a delay in starting the role until the restriction expires .
Enforcing a restriction
Despite your best attempts at negotiation , your old employer could simply insist that you adhere to the restriction . To enforce this and prevent you starting your new job , your old employer would need to take you to court . However , this a lengthy and potentially expensive process and this may deter them from taking action against you if you choose to break the restriction , particularly if the restriction is not precise , specific and reasonable .
For advice about this or any other employment matter , please contact BMAS at advisoryservice @ bvna . co . uk .
BVNA Members Advisory Service ( BMAS )
The BMAS team of trained HR professionals have been providing veterinary nurses with advice on employment law and other issues for 20 years .
We can offer advice on ...
• Contracts
• Policies
• Disciplinary matters
• Grievances
• Investigations
• Hours of work
• Night working
• Student issues
• Pay and conditions
• Disability
• Maternity leave / pay
• Paternity leave / pay
• Parental leave
• Annual leave
• Redundancy ... and much more .
Email advisoryservice @ bvna . co . uk or call us confidentially on 01822 870270 . Please have your BVNA membership number to hand , which can be found in your profile .
Confidential and secure
Contact us with complete confidence that your query or issue will be dealt with confidentially .
Non-judgemental
Whatever situation you are facing , we will advise you in a sympathetic and compassionate way .
Expert advice
Our team have years of experience and keep up to date with any changes in employment law .
Volume 39 ( 3 ) • June 2024
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