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Employment law and contracts #1613936
03/01/2018 13:44
03/01/2018 13:44

E
elder81
Unregistered
elder81
Unregistered
E



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.

Re: Employment law and contracts [Re: ] #1613939
03/01/2018 14:18
03/01/2018 14:18

P
proccy
Unregistered
proccy
Unregistered
P



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

Re: Employment law and contracts [Re: ] #1613942
03/01/2018 15:01
03/01/2018 15:01
Joined: Dec 2005
Posts: 17,366
Staffordshire
Nigel Offline
Forum veteran
Nigel  Offline
Forum veteran

Joined: Dec 2005
Posts: 17,366
Staffordshire
Send a pm to Emjay - he should be able to guide you


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Re: Employment law and contracts [Re: ] #1613948
03/01/2018 18:20
03/01/2018 18:20
Joined: Mar 2006
Posts: 8,852
Cambridge & Cotswolds
M
MeanRedSpider Offline
Je suis un Coupé
MeanRedSpider  Offline
Je suis un Coupé
M

Joined: Mar 2006
Posts: 8,852
Cambridge & Cotswolds
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.

Re: Employment law and contracts [Re: ] #1613963
04/01/2018 05:34
04/01/2018 05:34
Joined: Dec 2005
Posts: 33,522
Berlin
barnacle Offline
Club Member 18 - ex-Minister without Portfolio
barnacle  Offline
Club Member 18 - ex-Minister without Portfolio
Forum Demigod

Joined: Dec 2005
Posts: 33,522
Berlin
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.


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Don't get no respect! Coupe Fiat 1994-2000 - an owner's guide <-- clicky!
Re: Employment law and contracts [Re: barnacle] #1613977
04/01/2018 08:21
04/01/2018 08:21

E
elder81
Unregistered
elder81
Unregistered
E



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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