Hi, I shall be resigning from my job soon to setup my own company so I can go out contracting. 2 customers have already told myself and my boss that if I leave they will cancel the support contracts. Both have asked if I would be willing to take on the work. However I have a problem with my contract of employment which states :-

Confidentiality and competition

9
(1) "my name" will not during the continuance of his employment or afterwards (unless authorised to do so by the Board or by a court of competent jurisdiction):

(a) use for his own benefit or for the benefit of any other person, or

(b) disclose to any person;

any information which he knew or ought reasonably to have known to be confidential concerning the business, affairs, products or processes of the Company or any of it's subsidiaries or associates.

(2) The restriction contained in this clause will not prevent "my name" during the course of his employment from disclosing or using any information where such a disclosure or use is authorised by the Board or required by law or by virtue of his employment with the company.

(3) The restriction in this clause will not prevent "my name", after the termination of his employment, from using for his or another's benefit, any information including without limitation processes, practices or methods which:

(a) By virtue of his employment, become part of his own skill and knowledge; and

(b) Apart from the provisions of this Agreement, could lawfully be used by him for that purpose, but any such use will be subject to the restrictions contained in clause 12 below.

10 During his employment and for a period of 12 months after his employment has terminated "my name" shall no without written agreement of the Company (not to be unreasonably withheld or delayed):

(a) Be interested or concerned (whether on his own account, as a shareholder, director, employee, sub-contractor, partner, consultant, proprietor, agent or without limitation or otherwise), directly or indirectly, in the carrying on of any business which is in anyway calculated or is likely to be competitive with any business of the Company or any subsidiary or holding company.

(b) Induce or endeavour to induce any person; (i) being an officer or employee of the Company or any subsidiary or holding company at the date hereof or (ii) having been such an officer or employee at any time within the period of 12 months prior to and 12 months after the termination of his employment with the Company or any subsidiary or holding company or engage or employ such a person.

(c) During "my name" employment and for a period of 12 months after his employment has terminated he shall not without the written agreement of the company ( not to be reasonably withheld or delayed):

(i) canvass or solicit in competition with the Company or any subsidiary or holding company the custom of any person, firm or company who at any time during the last 12 months (1) prior to the date hereof or (2) prior to his ceasing to be an employee or agent of a client or customer) of the Company or any subsidiary or holding company.

(ii) Engage in competition with the company or any subsidiary or holding company, with any person, firm or company who at any time during the last 12 months (1 ) prior to the date hereof or (2) prior to his ceasing to be an employee of the company and any subsidiary or holding company was a client or customer (or employee or agent of a client or customer) of the company or any subsidiary or holding company.

(d) In this clause references to acting directly or indirectly include (without prejudice to the generality of that expression) references to acting alone or jointly with or by means of any other person.

(e) The parties consider the restrictions in this clause to be reasonable, but if a court of competent jurisdiction finds them to be unenforceable the parties agree to accept any modifications as to the area, extent or duration of the restrictions concerned which the court sees fit to impose or, if it does not see fit, which are necessary to render that restriction enforceable.

What implecations does this have for me please ?