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Gareth Barry

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Suntan has got this, with each week that passes we improve our balance sheet by putting off comminted outflows of cash. It,s all good and we should not be held to ransom - we can survive next season with the squad we have in place at present then add the following next seasons TV money to our balance sheet.
 

Why do people think there was a £2m buy clause?? Hes out of contract- they havent offered him a new one surely hes a free transfer??

Something about an agreement we made with City mate.

I'm not convinced it's a real thing though as it makes no sense.
 
Something about an agreement we made with City mate.

I'm not convinced it's a real thing though as it makes no sense.

Why do people think there was a £2m buy clause?? Hes out of contract- they havent offered him a new one surely hes a free transfer??

It doesn't make any sense at all does it, surely they can't expect any money when they don't own him any longer. I just can't see it being true.
 
Something about an agreement we made with City mate.

I'm not convinced it's a real thing though as it makes no sense.

Unless they waived any loan fee if we wanted to sign him on a permanent but even then it would be stupid as we were probably the best offer on the table last season for him anyway.
 

From a personal point of view, a few years back i left my job to join a competitor. Three months garden leave which was boss, but when i started my new job i was not able to speak to certain customers due to a clause in my old companies contract. I was not employed by them anymore, but legally i was not allowed contact to certain customers for a further six months. It happens, them the rules unfortunately.
i did this kinda thing on my employment law elective on my lpc

it is actually very interesting this stuff

from what i can remember i think your employers can only do it where it is a direct competitor and if that competitor is within close proximity to one another

so for example if you were employed with a company in london and you moved to a competitor in say birmingham or liverpool, we are talking a massive distance proximity wise and i think that clause would not be enforceable.

ill have to dig out my employment books to find out specific terms.

its like you said also to do with selling on customer information to a rival company that could benefit them or something.
 
found it!

it is apparently a restraint of trade clause

in my book it states - 'in order to prevent unfair competition after employment ends, it is advisable for an employer, where it is possible, to insert a restrictive covenant into the employee's contract.'

in order for a restrictive covenant to be enforceable:

- the employer must have a legitimate business interest to protect i.e. - trade secrets or highly confidential information which if disclosed to a competititor, would be liable to cause real or significant damage to the owner of the secret.
- trade connections, eg employers' relationships with their customers and clients
- the employer's interest in maintaining a stable and trained workforce.

a restrictive covenant can be valid only if imposed on a person who has such information, for example a senior technical employee with knowledge of trade secrets or a manager or salesperson who has knowledge of trade connections.

the 'blue pencil' test

if a clause is drafted too widely and is found to be in restraint of trade, the court may be able to apply the blue pencil test to sever that part of the clause that is too wide and leave the remainder as an enforceable clause.
 

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