How does Mercedes protect their development plans/ideas when haemorrhaging staff?

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Jolle
132
Joined: 29 Jan 2014, 22:58
Location: Dordrecht

Re: How does Mercedes protect their development plans/ideas when haemorrhaging staff?

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djones wrote:
13 May 2021, 11:54
To be honest I don't even understand why they don't have people under non-compete clauses.

In the UK you can now legally enforce a non-compete agreement. Why do the contracts of these staff not say you can't go to a competitor for 12 months after your leave date etc.
A Brexit thing I presume? In the EU you can have that in your contract (I had many of times) but it won’t hold up in court if you do.

djones
20
Joined: 17 Mar 2005, 15:01

Re: How does Mercedes protect their development plans/ideas when haemorrhaging staff?

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Jolle wrote:
13 May 2021, 13:43
djones wrote:
13 May 2021, 11:54
To be honest I don't even understand why they don't have people under non-compete clauses.

In the UK you can now legally enforce a non-compete agreement. Why do the contracts of these staff not say you can't go to a competitor for 12 months after your leave date etc.
A Brexit thing I presume? In the EU you can have that in your contract (I had many of times) but it won’t hold up in court if you do.
I don't know the exact details. But about 3 months ago we had somebody at work leave for a competitor and the clause was used. They could not work for them for 12 months and it totally stood up to the solicitors etc.

Jolle
132
Joined: 29 Jan 2014, 22:58
Location: Dordrecht

Re: How does Mercedes protect their development plans/ideas when haemorrhaging staff?

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djones wrote:
13 May 2021, 15:48
Jolle wrote:
13 May 2021, 13:43
djones wrote:
13 May 2021, 11:54
To be honest I don't even understand why they don't have people under non-compete clauses.

In the UK you can now legally enforce a non-compete agreement. Why do the contracts of these staff not say you can't go to a competitor for 12 months after your leave date etc.
A Brexit thing I presume? In the EU you can have that in your contract (I had many of times) but it won’t hold up in court if you do.
I don't know the exact details. But about 3 months ago we had somebody at work leave for a competitor and the clause was used. They could not work for them for 12 months and it totally stood up to the solicitors etc.
In European law you can’t put terms after your contract expires. That’s why there is such a thing like gardening leave, where your old employer just lets you sit at home fully paid until the end of your contract.

Skippon
8
Joined: 19 Nov 2010, 00:49
Location: England

Re: How does Mercedes protect their development plans/ideas when haemorrhaging staff?

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Their contracts probably state they cannot work for a listed competitor for 12 months and so are enforceable

Hoffman900
163
Joined: 13 Oct 2019, 03:02

Re: How does Mercedes protect their development plans/ideas when haemorrhaging staff?

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Is the UK big enough to support two F1 engine manufacturers at this scale? Clearly they’ll have to recruit outside the UK, but how does Brexit play into it?

< from the States, so my understanding of the employer market there is limited.

Greg Locock
233
Joined: 30 Jun 2012, 00:48

Re: How does Mercedes protect their development plans/ideas when haemorrhaging staff?

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Non competes were a thing in the Uk in 1988, a friend of mine got 6 months gardening leave.