Fiat Coupe Club UK

Employment law and contracts

Posted By: Anonymous

Employment law and contracts - 03/01/2018 13:44

Hi all,

A quick question with regards to employment contracts and the dreaded "Cannot go to X" statement.

I am currently employeed by Cognizant who contract me out to ADP to specialise in the ADP eTime product.

ADP are trying to cut costs and as a result will not be renewing that contract in March which leaves me in no mans land as such.

The ADP eTime product is exactly the same as the Kronos Workforce Central product (ADP are a licensed seller and just add their own logo) and I have over 10 years of experience in this product.

Cognizant are more than happy to cross train me so from an employment perspective I am safe.

However, I am extremely passionate about the Workfroce Central/eTime product and don't want to start from scratch.

This is where the question comes. In my contract I am not allowed to approach ADP or Kronos, but how enforcable is it?

As of February I risk losing all my knowledge and starting from scratch on something new which I am not sure I want to do.

ADP will, I am certain have me as will Kronos.
Posted By: Anonymous

Re: Employment law and contracts - 03/01/2018 14:18

My sole experience of this was with Cadbury's - a colleague stated he'd got a job at Mars (deadly rivals) and they marched him out of the building and put him on gardening leave on full pay. Result I'd say!!
This was 18/19 years ago and it wasn't enforceable then, and he went there at the end of his notice.
I'm not sure of the legalities now but I'm sure there'll be people along who know more.
Good luck
Posted By: Nigel

Re: Employment law and contracts - 03/01/2018 15:01

Send a pm to Emjay - he should be able to guide you
Posted By: MeanRedSpider

Re: Employment law and contracts - 03/01/2018 18:20

I thought that these clauses weren’t enforceable under European law (especially where you have specialist skills) but the HR folk at my current employer say that they have enforced these clauses and thought my old employer would block my move to them. I think it depends upon how litigious your employer is.

But, as Nigel suggests, get professional advice.
Posted By: barnacle

Re: Employment law and contracts - 04/01/2018 05:34

Elder, I just read this a second time: are you in the situation where you're employed by an agency who are effectively selling you to APD?

If that's the case, you'll probably find that the requirement is down to the agreement between your employer and ADP, not between *you* and ADP. In a previous employment, even though the company wanted to employ me directly (saving them a chunk of dosh and letting me get a pay rise with no cost to the company), their agreement with the agency prohibited it.

Definitely you need to talk to an expert here.
Posted By: Anonymous

Re: Employment law and contracts - 04/01/2018 08:21

Cognizant aren't an agency as such, but yes a similar setup. After february they won't be able to offer me the work they employed me for.

I will reach out to emjay, hope he doesn't mind.
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