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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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We employ a regular cleaning company and our specific

Resolved Question:

We employ a regular cleaning company and our specific cleaner is starting up on her own. The T&Cs state the following:
"The client hereby agrees to both during the period of the service and upon termination of the services of the Company not to engage any employee of/or contractor providing services for the Company for a period of three months following termination. In the event that an employee or person who has provided services for the Company (during the previous three months) does supply cleaning or other services either directly or indirectly to the client either paid or unpaid, the client shall be liable for an Introduction Fee of £1,500"
On the basis that I haven't signed anything and/or on the basis that the cleaner solicits us what is my position regarding the 'introduction fee'?
Many thanks
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Firstly, the fact you have not signed the T&Cs does not automatically make them not binding. If they were part of a contract under which you had started to work, for example a contract to supply the services of the cleaners and you paid them under these terms and adhered in general to the other terms then there is likely to be an implied acceptance of these. So even if no formal signature was given the contact could still be valid and binding through an implied acceptance.

Next, you may not be the one who has solicited the cleaner but the terms cover you ‘engaging’ them and to engage someone does not matter whether you approached them or they did – if you work with them you are engaging them and it does not make a difference who approached who.

So you would either have to pay the fee, ignore the restrictions and hope they do not pursue you for it or wait for the restricted period to pass before engaging them.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 9 months 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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