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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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A member of my family received care from a carer employed by

Resolved Question:

A member of my family received care from a carer employed by a local care provider until March 2014; since then no care has been required or provided. I now would like to employ the carer for a one-off one day event in March 2015, again to look after my family member. In November 2014 the carer changed employer and says she is not allowed to work for previous clients for a 6 month period. My opinion is that at the time the carer changed employer my family member was no longer a client, not having received care for around 9 months. In my view the carer is not poaching an "active" ex-client and since I only want to employ her for a one-off event she would not breaching her previous contract. What do you think?
Submitted: 2 years ago.
Category: Employment Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can help with this.

tdlawyer :

I think you may very well be right about this. It will depend on how the contract between the employer and the carer defines "client" (if at all) and from what period the restrictions apply.

tdlawyer :

The reality is that the carer isn't likely to want to take the chance for one client, because the risk of having court proceedings issued against them would be one they don't want to accept.

tdlawyer :

If they were sued, for example, they could end up paying £15k or so in legal costs, so they would likely want to avoid taking chances where they can be avoided.

tdlawyer :

The employer could always agree to the carer providing care on one specific occasion, and if they thought that your family member would never use their organisation again, then they might just provide that consent because there is no reason they would not wish to (financially).

Customer:

I assume the restrictions apply from November 2014 which is when the job change took place. So the carer is definitely within the 6 month window. I can ask the carer how and if a client is defined; is just being on the employer's database tantamount to being a client?

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