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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently resigned from working IT company and started

Resolved Question:

I have recently resigned from working for an IT company and started my own IT company. I have contacted some of the contacts I knew from my previous company, to let them know i'm still around and to have my contact details. I have also let them know some of the services i would be offering as they were interested. My previous employer is now seeking legal advice but I want to make sure i'm in the clear. I did not have a contract throughout my employment working for them.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.

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?

Customer: replied 1 year ago.
No, They have sent an email to their clients which says:We have been made aware that two of our former employees are approaching some of our valued clients, offering IT services.We are currently seeking legal advice on the matter and would therefore appreciate it if you could make me aware of any contact you may have.Please let me know if you need more information,I have this as one of our mutual contacts forwarded it onto me. As far as I'm aware as there was no contract with a non soliciting clause they are not able to take any legal action about poaching etc
Expert:  Ben Jones replied 1 year ago.

ok thanks, ***** ***** with me please, I am just leaving the office but will reply when I get home in an hour or so

Customer: replied 1 year ago.
Brilliant, Thank you.
Expert:  Ben Jones replied 1 year ago.

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.

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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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