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I am not a lawyer ... but is that clause even enforceable under UK law? I did my normal 2 minute Google search and found pages which suggests IP falls to the e

I am not a lawyer ... but is that clause even enforceable under UK law? I did my normal 2 minute Google search and found pages which suggests IP falls to the employer if created by the employee "as part of their normal duties"[1][2]. Also, I found one site[3] which has this explicit Q&A: Q. So how do I know if a contractual provision is enforceable? A. I’ve got three words for you – restraint of trade. Contractual terms that are in restraint of trade are not enforceable at all. For your employees’ contracts that means not drafting any IP clause too wide to ensure that your back is covered. Too wide and the clause will have no effect. [1] https://www.shoosmiths.co.uk/insights/articles/who-owns-what-when-it-comes-to-intellectual-property-12423 https://www.shoosmiths.co.uk/insights/articles/who-owns-what... [2] https://www.barkerbrettell.co.uk/protect-your-invention/ https://www.barkerbrettell.co.uk/protect-your-invention/ [3] https://www.saplaw.co.uk/uk-legal-services/tax-private-client-lawyers/tax-private-client-articles/148-whose-intellectual-property-right-is-it-anyway https://www.saplaw.co.uk/uk-legal-services/tax-private-clien...

sdwolfz 6y ago
I am alos, neither a lawyer, nor a UK citizen yet, but I work in the UK, as a temporary resident. There are a lot of details that I don't know about how employment works but I am slowly learning them. One thing that is true regardless of whether they are enforcible or not, is that these clauses are present on my employment contract, and I have signed that contract. If they are not enforcible then why are they even there, I should get them removed, but I can't just go to them and blindly ask them to remove something like this, reason why I've asked the question above. Given the current state of my clauses, what changes could/would you do to them to remove the unenforceable parts and clarify in written and signed contract, once and for all, without any doubt remaining, that code written outside of work is my own property? By the way, I appreciate your linked references, thank you for sharing those with me.
- rikroots 6y ago
  For situations like these, you really need to talk to a solicitor who deals with employment and contract work. There may be online legal-focussed forums you can reach out to? There's also the Citizens Advice Bureau who may be able to offer more general advice - https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/ https://www.citizensadvice.org.uk/work/rights-at-work/basic-...
  - sdwolfz 6y ago
    I will do that, but beforehand, I want to do some research, this thread being part of that. Also, I am sure I'm not the only person in the world that has struggled with this, that's why I asked for concrete examples of employment contracts that were written or changed to address this. Surely somebody has managed to get a decent clause drafted.

sdwolfz 6y ago

I am alos, neither a lawyer, nor a UK citizen yet, but I work in the UK, as a temporary resident. There are a lot of details that I don't know about how employment works but I am slowly learning them. One thing that is true regardless of whether they are enforcible or not, is that these clauses are present on my employment contract, and I have signed that contract. If they are not enforcible then why are they even there, I should get them removed, but I can't just go to them and blindly ask them to remove something like this, reason why I've asked the question above. Given the current state of my clauses, what changes could/would you do to them to remove the unenforceable parts and clarify in written and signed contract, once and for all, without any doubt remaining, that code written outside of work is my own property? By the way, I appreciate your linked references, thank you for sharing those with me.

rikroots 6y ago
For situations like these, you really need to talk to a solicitor who deals with employment and contract work. There may be online legal-focussed forums you can reach out to? There's also the Citizens Advice Bureau who may be able to offer more general advice - https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/ https://www.citizensadvice.org.uk/work/rights-at-work/basic-...
- sdwolfz 6y ago
  I will do that, but beforehand, I want to do some research, this thread being part of that. Also, I am sure I'm not the only person in the world that has struggled with this, that's why I asked for concrete examples of employment contracts that were written or changed to address this. Surely somebody has managed to get a decent clause drafted.