Ask an UK Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you self employed?
no i work for the company and receive a salary
does your contract have any restrictions on poaching or dealing with clients, working in competition after termination, etc?
no, there is nothing in my contract stating these
we have a company handbook and there is no mention in there of these either
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.
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
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
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
thanks for your help Ben, its made it a lot clearer for me
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
thanks and good night i will be leaving positive rating
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).