Get UK Law Questions Answered by Verified Experts
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