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#1613936 - 03/01/2018 14:44 Employment law and contracts
elder81 Offline

Competition Level

Registered: 03/01/2006
Posts: 2258
Loc: Maidenhead
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.
_________________________
Life is like a box of chocolates, you always know what your gonna get! Thats why you buy them!

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#1613939 - 03/01/2018 15:18 Re: Employment law and contracts [Re: elder81]
proccy Offline
I AM a Coop

Registered: 31/12/2005
Posts: 12088
Loc: Coupé-less
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
_________________________
Under-steer is when you hit the wall with the front of the car, over-steer is when you hit the wall with the rear of the car. Horsepower is how fast you hit the wall and torque is how far you take the wall with you

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#1613942 - 03/01/2018 16:01 Re: Employment law and contracts [Re: elder81]
Nigel Offline
Club member 123
Forum veteran

Registered: 16/12/2005
Posts: 16844
Loc: Staffordshire
Send a pm to Emjay - he should be able to guide you
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#1613948 - 03/01/2018 19:20 Re: Employment law and contracts [Re: elder81]
MeanRedSpider Offline
Je suis un Coupé

Registered: 25/03/2006
Posts: 8526
Loc: 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.
_________________________
http://www.alfa.me.uk

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#1613963 - 04/01/2018 06:34 Re: Employment law and contracts [Re: elder81]
barnacle Offline
Club Member 18 - Membership Secretary
Forum Demigod

Registered: 17/12/2005
Posts: 31719
Loc: Hemel in the Hempstead
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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#1613977 - 04/01/2018 09:21 Re: Employment law and contracts [Re: barnacle]
elder81 Offline

Competition Level

Registered: 03/01/2006
Posts: 2258
Loc: Maidenhead
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.
_________________________
Life is like a box of chocolates, you always know what your gonna get! Thats why you buy them!

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