Employer not allowing me to move to Client - Restrictive Covenant

**EDIT**
Post is so long because I have included the Contract clause at the bottom.

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I have been working for an IT Consultancy for just over 1 year. I have been working with the same Client the whole time. (Public Sector Client)

Last March (2024) the Consultancy lost some business from the Client and had to lay off a large number of people (I would guess 30-40%) of the people working on the Client.

The contract between the Consultancy - Client is coming to an end in March 2025 and the word is there is no chance of extension due to public tenders and budgets.

If that happens the chances of me being made redundant are very high. Since last March I started looking for a job but have not found anything suitable (tough market).

The Client has made me an offer to join them directly, but the Consultancy are saying the board of directors will not allow me to join.

The have already set precedent by allowing previous Consultants to join the Client directly. I think it has even happened in the last 6 months (not 100% sure).

How likely is it for the contract clause to hold up in court if the Consultancy does decide to take legal actions?

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"For a period of six months from the termina􀀺on of your employment (for whatever reason) you will not be involved in any capacity (including as an agent, consultant, director, employee, worker, owner, partner or shareholder) with any business concern which is (or intends to be) in competition with any part of the Company’s business with which you were involved to a material extent in the twelve months before termination.

This restriction shall not prevent you from being engaged or concerned in any business concern insofar as your du􀀺es or work shall relate solely to geographical areas where the business concern is not in competition with any business concern which is (or intends to be) in competition with any part of the Company’s business with which you were involved to a material extent in the twelve months before termination.

For a period of six months from the termination of your employment (for whatever reason) you will not directly or indirectly without the prior written consent of a Director of the Company:

  • Solicit, canvass or approach any person who to your knowledge was provided with goods or services by the Company at any time during the last 12 months of your employment, or was negotiating with the Company (or to whom the Company had submitted an offer, tender or quotation which remained open for acceptance) for the provision of goods or services by the Company at the date of termination of your employment.

For a period of six months from the termination of your employment (for whatever reason) you will not directly or indirectly without the prior written consent of a Director of the Company:

  • Attempt to solicit or entice away from the Company or engage or employ any employee employed by the Company at the date of that termination (or the period of 6 months before then) or procure that such a person be engaged or employed by any other business which competes with any business carried on by the Company at the date of termination of your employment.

For a period of 6 months from the termination of your employment (for whatever reason) you will not directly or indirectly whether on your own account or for or on behalf of any other person:

  • Attempt to solicit or entice away from the Company any supplier of or to the Company at the date of termination of your employment (or in the period of 6 months before then);
  • Interrupt, distort, interfere with or otherwise affect the relationship between any supplier of or to the Company at the date of that termination (or in the period of 6 months before then);
  • Attempt to or actually transact with any supplier of or to the Company at the date of that termination (or in the period of 6 months before then).

You further agree that each restriction shall be construed and take effect independently of the others and that should any one or more of these restriction be judged to be void or voidable as going beyond what is reasonable in all the circumstances for the protection of the interests of the Company and its business, but would be valid if part of the wording thereof were modified or deleted or the period thereof reduced or the range of activities or area covered thereby reduced in scope then such restrictions shall apply with such modifications as are necessary to make the restrictions valid.

If during your employment or before the expiry of the last of the covenants in this clause, you receive an approach or offer to be involved in any capacity (as agent, consultant, director, employee, worker, owner, partner or shareholder) in a business which competes with any part or parts of the Company’s business with which you are or have been involved to a material extent during the Appointment, you shall:

  1. notify the Company in writing of the fact of the approach or offer and the identity of the person making the approach or offer as soon as possible; and
  2. give the person making the offer a copy of this clause, within seven days of the offer being made.

The obligations contained in this clause are con􀀺nuing obliga􀀺ons and shall also apply if, at any 􀀺me subsequent to the relevant approach or offer being made but before the expiry of the last of the covenants in this clause, the business making the offer or approach so competes with our business.

The periods for which the restrictions in this clause apply shall be reduced by any period that you spend on Garden Leave immediately before Termination."