Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have they said what they are thinking about doing?
ok thanks, ***** ***** with me please, I am just leaving the office but will reply when I get home in an hour or so
Many thanks for your patience. Your understanding of the situation is pretty much correct – without a specific contractual restriction in place it will be very difficult for them to do anything. It is certainly not illegal to approach your old clients and solicit their business or work in competition with an ex-employer. If an employer wants to prevent you from doing this they can only do it if there is a reasonable and specific restrictive covenant in the employee’s contract. Even these often rove to be unenforceable as they are too restrictive so only a reasonably drafted covenant will be legally enforceable. The only time you may be in trouble without a restrictive covenant is if you had taken away something like a tangible customer database, like files belonging to the company. But if your contacts are just people you know through your work and you just had their details or could remember their names and contact details then you are entirely free to contact them if you wanted to. The employer could be a nuisance over this, they could become threatening, involve lawyers and so on but the only way they can enforce this is by going to court and there is very little chance that they will get anything out of it.
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