From: "Adrian Midgley" <[log in to unmask]>
Sent: Saturday, February 28, 2004 2:49 PM
> On Saturday 28 February 2004 14:29, Roger Gardiner wrote:
>
> > new contract says you can't do it ever - even after you retire !!
> > (see last clause in the section)
>
> I don't have it to hand but
>
> Theory:-
> - if that is a reference to "this condition shall continue beyond the
expiry
> of this contract" then that doesn't mean forever, it means that you can't
> dregister, serve, charge, be paid, reregister all between the patient
> entering the building and leaving it again, which someone was trying to
> convince us they were and should continue doing to get around the clear
> intent of the old contract;
>
> Practice:-
> - the sanction available under a contract is to cease performing the
> reciprical duty, IE the NHS to stop paying you. 6 months or so after you
> resigned, there is no more to pay you so the contractual term would appear
to
> have little practical effect after that. (I don't recall seeing any
mention
> of other sanctions or penalties...)
>
> Law:-
> - restrictions on trade can work, but rarely are upheld for long, or for
a
> wide range of space or activity. THis has been worked out with
restrictions
> after partnerships terminate, 2 years doesn't seem to be enforceable,
about 6
> months and within a mile seems to be as much as can be given effect.
Like the Official Secrets Act then, is it?
--
Fay
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