Withholding final pay

[MAPLE LEAF]

Thanks for the replies.

He just feels he has been treated unfair and doesn't want to be screwed over one last time.

I will let him know.

[MAPLE LEAF]

Just out of interest his contract states he can't work for anyone which could conflict with his business for 12months so is he technically making him unemployable for this period. I have advised him to get contract checked out.

[Richard 1234]

Just out of interest his contract states he can't work for anyone which could conflict with his business for 12months so is he technically making him unemployable for this period. I have advised him to get contract checked out.

 

 

Yes I think it does mean that. Which also means the contract is fairly worthless I would imagine

[onetruth]

Unless (and even if) the employer is intending to pay him for those 12 months, I think that would be a wholly unenforceable clause.

 

Your mate might want to get in touch with the Citizens' Advice Bureau.

[Timber Man]

Unless (and even if) the employer is intending to pay him for those 12 months, I think that would be a wholly unenforceable clause.

 

Your mate might want to get in touch with the Citizens' Advice Bureau.

 

Yep, or some solicitors give free 30 mi9n consultany.

[richy_B]

Not legally enforceable by employer - you cannot deprive someone of their lively hood as part of an employment contract. All you can is 'reward' them for not breaking the clause, ie large severance package. Essentially creating a new contract between you and your (ex)employer.

 

Tell the employer you will be consulting with a 'no win, no fee' employment solicitor. From the initial phone call they were really keen to pursue this....

[agrimog]

I live in scotland, used to be empployed as a mobile fitter by a company based in bristol, when they terminited my contract they tried totell me I coulnt work for any of there competiors, or contact any of there clients, I laughed in the ***** face and told him Id do as I pleased and there wasnt a thing he could do, scotish law overides english law in scotland, and

i had a right to work as what ever I wanted, the look on his face was priceless

[felixthelogchopper]

A restraint of trade clause such as the employer is trying to impose (most likely without getting legal advice) is viewed by the courts as prima facie void, ie unenforceable, from the start, meaning it is up to the employer to show that is reasonable in terms of geographical range, length of time, scope etc. Your friend should call his bluff and tell him to pay up or see him in court. Good advice from previous posts about the solicitors and pro bono law school schemes.

[Mick Dempsey]

If it's as told in the OP it's laughable nonsense, of course he cannot enforce it.

[matelot]

if your mate went round all the gardening businesses in his area and told them all about the contracts he previously worked on there is very little his ex employer could do about it.

 

It's more or less impossible to prove what was said in a conversation over a pint.