Legal advice and work contracts?

[Macman]

My partner is in the middle of potentially securing a new job. However there is an issue regarding a non-compete.

Her new employers have asked for a copy of her full contract so the legal team on the new employment side can review it to determine if she is locked down.

If she discloses her contract, can she face any penalties should her current employer find out about this? Or is it entirely my partners responsibility who sees her contract?

Any advice would be appreciated.

[peterb]

My partner is in the middle of potentially securing a new job. However there is an issue regarding a non-compete.

Her new employers have asked for a copy of her full contract so the legal team on the new employment side can review it to determine if she is locked down.

If she discloses her contract, can she face any penalties should her current employer find out about this? Or is it entirely my partners responsibility who sees her contract?

Any advice would be appreciated.

This is really something you should consult a legal professional about. If she is in a Trades Union, they may be able to help, or if not, Citizen's Advice Bureau may be able to advise.

[Macman]

This is really something you should consult a legal professional about. If she is in a Trades Union, they may be able to help, or if not, Citizen's Advice Bureau may be able to advise.

Due to the nature of her job, time isn't something that she has. Shes just signed up to a union yesterday as all this was only discovered yesterday. (She was never given the opportunity to sign up to a union when she took employment).

I'm sure she will be making phone calls when she finishes work, I'm just trying to gather as much information as I can.

Cheers anyways Peter.

[Saracen]

I can't offer much as I agree with Peter's "best consult a lawyer" angle.

As well as unions, do you have "legal advice" cover on an insurance policy, be it car, home contents, house, etc? Some of these are locked down, but many cover ANY legal issues.

[Macman]

do you have "legal advice" cover on an insurance policy, be it car, home contents, house, etc? Some of these are locked down, but many cover ANY legal issues.

Really? I thought Car Insurance Legal cover would've covered ONLY Car Legal issues such as an accident etc. Learn something new everyday.

[OilSheikh]

I think the new employer is trying to look for the lines where it says you cannot work for a new employer until 6 months or so.

e.g. Your partner is employed by BAE systems to work at MOD. If MOD cancels the contract with BAE and hands the new contract to LOCKHEED MARTIN, then LOCKHEED will look to snap up the existing workers. But, BAE might have included a clause in the contract where it says that you cannot work at MOD for 6 months after leaving BAE systems or if a new emplpyer takes you on at MOD, they will have to pay BAE £7K

[Saracen]

One reason for talking to a lawyer is that such contract terms aren't necessarily enforceable. Some are, some aren't. It all depends (IIRC) on the exact arrangement, but courts have struck down "unreasonable" clauses.

For instance

1) Not to work for competitor for 3 months sfter leaving, during which time we'll pay you

versus

2) Not allowed to work in same industry for 5 years.

The latter would likely fail as being unduly long, overly broad, and unreasonable if it prevents someone earning a living. The first one would probably pass muster.

[CAT-THE-FIFTH]

I would honestly look for a good lawyer or some professional legal advice OP - I think many of the answers here have pushed you in the right direction.

[Macman]

Thanks for your input folks.

Seeking legal advice as folk suggested. Trade Union, CAB and HR/Legal team from new employer.