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ben.jones
ben.jones,
Category: Republic of Ireland Law
Satisfied Customers: 46779
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Hi There,I am in business since 2008 in family entertainment.

Resolved Question:

Hi There,
I am in business since 2008 in family entertainment. I have a particular staff member who is with me 4 years. She has been on maternity leave and is due back to work on 1st November. She is a good staff member and a good worker, however, she has recently started an online business selling products to parents of children, the online business is selling similar products to products which I sell in my business. She currently works around 19 hours per week for us. I am very uncomfortable about her return to work as she may influence our customers to purchase from her, she may use her time which she is getting paid by us to get new customers for her online business. She is working a lot of hours in her new business so I am concerned that she will not be able to give our business 100% commitment when she is there. I am not comfortable with the position and feel that her business has been initiated from working with us. She has not registered her business. I am based in Ireland, hope you can help
Regards
Elaine
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  ben.jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me have you any clauses in her contract about poaching clients

Customer:

Hi Ben, nothing about poaching clients, but we do have the following in all contracts

Customer:

External Activity:
Any external activity engaged in by the appointee must not be such as to interfere with the filling of the appointees duties and responsibilities to the company any external employment self employment working partnerships or consultancy entered into by the appointee with the interest of the company.

Confidentiality: The company is obliged to maintain confidentiality in certain aspects of its work. It is the duty of the employee to observe such confidentiality the restriction shall continue to apply after termination of the appointment.

Any changes or amendments to this statement will be notified to you within one month.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues last night on. All seems to be resolved now so I can continue assisting you.

Just to clarify you have mentioned you are in Ireland, but also have listed the scope of the query as falling within Northern Irish law – which one is it please? If you are in ROI then I will have to transfer your query to a different section as I am only qualified to assist with UK law. Thanks

Customer: Hi Ben
Customer: hi Ben I am in Ireland thanks
Ben Jones :

ok I will transfer your question over and an Irish lawyer will be in touch as soon as they can, please do not reply in the meantime as that will just assign the question back to me, thanks. Also you can ignore any emails asking you to rate me

ben.jones,
Satisfied Customers: 46779
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Expert:  Buachaill replied 2 years ago.
1. At the outset, all employee contracts of employment contain an implied obligation of loyalty by the employee to their employer. Accordingly, if this employee has set up a business which is competing with the business you are running, then you can sack this person or lawfully terminate their contract of employment for cause. So this is the straightforward solution to the issue which has arised.
2. Alternatively, if you do not wish to sack them, but merely to ensure that they do their work for you conscientiously, then you can issue a direction that she is not to solicit clients from the people you are dealing with. AGain, an employee, as part of their obligation of loyalty to their employer must not do anything which conflicts with their ability to work for their employer. AGain you can sack this person if the continue to solicit your clients to purchase goods from her own business.

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