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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11146
Experience:  30 years experience as a solicitor.
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I have a care agency that takes care of my sister, who has

Resolved Question:

I have a care agency that takes care of my sister, who has severe learning disabilities four
days a week the remaining three days I employ other individuals.The agency has now given me four weeks notice,one of the staff has been with my sister for Five years and I have asked if she would remain and I will employ her.
The agency have already spoken to this member of staff that they will sue her if she works
directly for me.Are we doing anything wrong as they terminated their service?
(There has been a break down with the agency and myself for a very long time)Michelle
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
The answer to this question depends on the contract which the agency carer has with her employer. If there are what are called restrictive covenent clauses in her contract which prohibit her from taking on work directly for clients after she leaves their employment then there could be an issue here.
However, arguing against that are the following factors:
1. The covenants have to be reasonable and have to be in writing. They are designed to protect the employer's business and it is they who have terminated their contract with you as you point out in your narrative.
2. Your approach is to the employee not vice versa.
3. This is an issue of continuity of care for a vulnerable adult.
Subject to someone checking the employee's existing contract I doubt that the employer would have grounds to sue and even if they did they would have difficulty in establishing a loss in relation to a client that they had terminated their service with.
I hope this helps. Please leave a positive feedback so that I am credited for my time.
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