How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
73598664
Type Your Employment Law Question Here...
tdlawyer is online now

Hi, I work for a limited company providing services to many

Resolved Question:

Hi, I work for a limited company providing services to many clients on a self employed basis. I have been approached by one of the clients to work for them in a full time position, it's a different role to the one I currently do. I have had the go ahead from my current employer , good luck, please work your notice etc.. She is now saying that I have breached my contract. I am now working my notice and wish to accept the other position. My contract says ..
Restrictive Covenants
During the length of the contracting period between the Helper and the company the Helper may not approach, solicit or attempt to solicit, either directly or indirectly, any client, contact or employee of the Company and for a period of 12 months after the termination of this agreement.
The client wish to keep working with her company, so she won't be losing any trade, things will stay the the same for her. As the company have approached me where do I stand? Many thanks for any help.
Submitted: 2 years ago.
Category: Employment Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** should be able to help with this.

tdlawyer :

There are two key points here.

tdlawyer :

Firstly, you told your employer what you were intending to do, they agreed, and you resigned as a result. Hence, the Courts would not allow the employer to go back on thir consent to you doing this, as otherwise, you might not have resigned. This is called equitable estoppe. It prevents people going back on their promises/assurances where it would be unjust to do so.

tdlawyer :

Secondly, the clause you refer to prevents you approaching others. It doesn't prevent them approaching you - nor could it. Employers usually include a no-dealing clause, to prevent you working with clients, and if that isn't there, then you're often able to continue working with the clients etc. as there is no contractual restriction on you doing that.

tdlawyer :

In conclusion, therefore, you would appear to have very good arguments to say that you are not in breach of contract at all.

Customer: Hi, thank you for your tesponse
Customer: Hi thank you for your response It us very helpful.
Customer: Hi, thank you for your response it is extremely helpful. I'm not sure how far my employer will try to push this if I accept the job offer and would like to be ready with a Legal letter in response to her accusations. Is this a service you provide?
tdlawyer :

Thank you and apologhies for the slight delay in replying to you. I can't provide the service, but there are many law firms out there that would be able to help you. Any high street firm of solicitors should be able to assist you.

tdlawyer :

Please do remember to rate the answer for me before leaving... and thank you again!

tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience in employment related issues.
tdlawyer and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions