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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones: Ben, Me again. I'll be uploading my

Resolved Question:

For Ben Jones:
Hi Ben,
Me again. I'll be uploading my director's response to your letter in which he accepts my resignation.
That would mean he agrees to the reason, ie constructive dismissal doesn't it?
He goes on to say that during my notice period and afterward, I'm still bound by the terms and conditions, in my statement of terms (which were removed from my desk when my office was cleared in my absence), namely the confidentiality clause.
Surely though, none of it applies as he's accepted my resignation and my reason for it?
Maybe he just copied and pasted the standard response?
Not that I plan to contact every landlord of his, but if I happen to bump into a couple of them in morrisons whom I know well and throw my new venture into the conversation, can he take action?29/12/2015 05:23
Hi Ben,
My boss has emailed to say he will be contacting all of the local landlords in my area on their books tomorrow.
Am I allowed to ask what they are being contacted for and what they will be told?
As I'm not allowed to contact them it seems unfair that he can when there is no one else in the office tomorrow.
If I find out he has said untrue things about me like I've been sacked, what can I do?
That would seriously damage my reputation and future plans.
Kay
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello again, by accepting your resignation it does not mean that they accept the reasons for it – in fact an employer cannot refuse to accept your resignation so it does not matter whether they say they accept it or not. It is for a tribunal to determine if there is a constructive dismissal case, this is not determined by the employer’s acceptance of your resignation. However, if you are claiming constructive dismissal you are arguing that the employer has breached the contract first and as such it is no longer enforceable. This would also include any post-termination restrictions in it. I do think that it was just a standard response though. The enforceability of such restrictions is quite complex and depends on a number of factors. If you were to tell them of the new venture then it is potential poaching of clients. Non-solicitation covenants are there to prevent an employee from enticing away the customers of their ex-employer and as long as they are reasonable are the most commonly enforced type of restriction. Solicitation generally means “directly or indirectly requesting, persuading or encouraging clients of the former employer to transfer their business to their new employer". To be valid, the covenant should be restricted to customers with whom the employee had contact during a specified period before leaving. Other relevant factors may include the employee's level of seniority in the business, the extent of their role in securing new business and the length of similar restrictions in the employment contracts of competitors. As to the employer’s proposed contact with landlords, they do not have to tell you why they will contact them. However, if they say untrue things about you then it is potential defamation which you have legal protection over. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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