I was a franchisee a number of years ago. How long can I be stopped from working in same industry?

Question

I was a franchisee of a UK firm a number of years ago. Obviously when I was a franchisee I signed a franchisee agreement. I launched and terminated the franchise due to personal resons. Obviously the agreement contained a "do not compete" clause. I have managed to lose my copy of the agreement and the franchisor refuse to respond to requests to provide me with a copy. My question is therefore:

[a] how long can I be stopped from working in the same industry i.e. setting myself up in direct competition and possibly becoming a franchisor myself?

[b] is there a statutory maxmium none compete term? E.g. 5 years?

[c] can I force them to provide me a copy of the original agreement? E.g. using the data protection act or other legislation?

Please advise if you are familiar with UK law and please state whether or not your a solicitor or barrister!

Many thanks

Dan

Answer 1

If it has been a number of years they won't be watching you.
Maybe have your spouse open the business and you just volunteer so your name isn't on anything.

Answer 2

I'm a US resident, so I don't know much of British Law. I know in the US, it could be up to 2 years, but rarely exceeds 1 year. It usually goes more by geographical location, and what information the company is trying to protect. I would check with your local government web site, or local judges. Someone should know.

As far as retaining a copy of the NON-COMPETE, I would think you have the right to another copy. Once again, I'm in the US. I have signed several Non-competes, and most of them my lawyer laughed at, because they weren't written legally. That means they wern't enforcable. If the company is denying you a copy, they probably don't want you to understand what's in the contract.

I'm sure you can file in court to obtain another copy, since you have to know what is in the contract so you don't break it. Before you venture back into the same industy, be sure of the clauses so you don't get hammered with an injunction.

The last thing is, if they don't know you are in the industry, they can't do anything about it. Maybe you can try going to another location, since the agreement has to include a geographical area. For instance, an auto repair shop may only be able to enforce a non compete for a 5 mile radius from their shop.

Answer 3

Generally speaking the franchise agreement you signed to start you franchise in action would have listed the time you are precluded from the industry. It is called a non-competition clause.
The franchiser is required by law to provide you with a copy of the agreement you signed. If they refuse to co-operate you can take them to court and have the court issue an order to produce a copy of your signed agreement. An unsigned agreement form does not necessarily reflect what you signed.

Answer 4

Yo Sport
I am not a lawyer -- nor do I play one on TV
--- I live in the U S A --- but, two things here
One, a simple call From a solicitor to this central office
with request for a copy of this document should be enough
to evoke action from them !!
Another route -- most of these places have a "standardized" set of papers --- if you've seen one -- you've seen them all --- Find another franchisee and have a brief talk with them and see if THEY won't tell you how this "standardized" clause reads !!

Just a couple of ideas here -- hope it all works out for you !!

Answer 5

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