Working area restrictions

[Nailgirl9217]

I am under a contract that says I cannot work anywhere within the same local named area within 6 months if I leave the shop or even go self employed. The salon haven't been great to me over the last couple of months and are not always providing me with what I need to carry out my job.
Is there anything that I can do?

 

[Trinity]

Non Compete clauses are notoriously difficult to enforce, there is an element of not stopping someone from healthy competition to be taken into account. Therefore non-compete clauses are often ignored even if in contracts and taking someone to court for breach of non-compete is extremely expensive and time-consuming. Depending on the individual case there is no definite chance of winning so it rarely happens. In your case it's unlikely one technician leaving a salon to set up on their own would have such a detrimental effect on the salon that they could provide significant evidence of.

I've done some Googling (taking into account you are in Scotland so laws are different) and I found this which might help you understand where you stand:-

http://www.lawscot.org.uk/members/l...ates-2016/september-2016/non-compete-clauses/

 

[Nailgirl9217]

Non Compete clauses are notoriously difficult to enforce, there is an element of not stopping someone from healthy competition to be taken into account. Therefore non-compete clauses are often ignored even if in contracts and taking someone to court for breach of non-compete is extremely expensive and time-consuming. Depending on the individual case there is no definite chance of winning so it rarely happens. In your case it's unlikely one technician leaving a salon to set up on their own would have such a detrimental effect on the salon that they could provide significant evidence of.

I've done some Googling (taking into account you are in Scotland so laws are different) and I found this which might help you understand where you stand:-

http://www.lawscot.org.uk/members/l...ates-2016/september-2016/non-compete-clauses/

Thank you.

I don't actually live in the area that the salon is based so even then, if I did go to work for another salon in the area I don't have much of a client base as they were the salons clients. I don't know many people from the area!