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Ask HN: Restrictive covenants for software developers?
I am wondering whether any HNers have any experience with restrictive covenants / restraints of trade for software development in the UK?
Situation 1: what's a reasonable time (if any) for an employer to block an employee developer from going off to work for someone else and help them develop a similar/the same product which may either a) compete with employers product or b) compete with employer's client's product
Situation 2: what kind of restriction can a client place on a software consultancy who's been hired to develop product X for them from then going off and developing the same product for another client?
- kls 16y agowhile I am not in the UK, for me #2 is simple, don't sign a contract that tries to impose those restrictions, they are too damaging to a consultancy. To some degree, I can understand employee restrictions as there is a long term commitment to that individual (well there is supposed to be). As well, as an employee I would not sign a contract that placed those restrictions on me and did not remove them under the circumstances of termination by the employer. For a consultancy though, they don't pay the bills after the project is done, I would not sign a contract that extended restrictions beyond the time that that pay runs out. Simply if they are not paying, they don't get a say in what I do, unless they paid me a big chunk of money for me to be bound to a covenant that extends beyond the work.
- retube 16y agoyes, I agree with you, I think that's right. But it's good to know what others think! thanks.