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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38604
Experience:  Specialist in UK Law with expertise in UK Employment Law
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im currently working as a health and safety consultant, im

Resolved Question:

im currently working as a health and safety consultant, im the only one undertaking this work as the company i work for have another business, not related to health and safety, im the only point of contact for my clients. the company i work for are imposing restrictive practices on me, in other words they are not allowing me to do my job to my best abilities. im looking at resigning and starting up my own consultancy, can i take my clients with me or is this not legal
Submitted: 1 year ago via InBrief.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you self employed?

Customer:

no i work for the company and receive a salary

Ben Jones :

does your contract have any restrictions on poaching or dealing with clients, working in competition after termination, etc?

Customer:

no, there is nothing in my contract stating these

Customer:

we have a company handbook and there is no mention in there of these either

Ben Jones :

If your employer wanted to prevent you from stealing their clients or dealing with them after termination, they should have had specific restrictive covenants in place to deal with this. In the absence of such, you are more or less free to deal; with whoever you want after termination, as long as you are careful about how you approach this. The main issue is that you do not try and make copies of client databases and 'steal' sensitive company information in that way. If you simply remember the clients by memory and approach them afterwards there is no issue with that, but making unauthorised copies of sensitive company information could land you in hot water and there have been cases where employers have successfully sued employees who have done just that.

Customer:

thanks Ben, i have been working with my clients for 5 years so i do have all that information in my head. Would i be able to get in touch with them after my end date, i dont suppose i could let them know prior to my leaving

Customer:

Also would i know that my clients have a 15% early termination fee if they leave the contract early, could i offer a first year 15% discount to offset that

Ben Jones :

Whilst you are working for the current employer you still need top have their best interest at heart so approaching current clients to offer your services after termination is not recommended, even if the employer can do little about it if they only discover it after you have left. You are free to offer any discount you want

Customer:

thanks for your help Ben, its made it a lot clearer for me

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

Customer:

thanks and good night i will be leaving positive rating

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38604
Experience: Specialist in UK Law with expertise in UK Employment Law
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