Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Just to clarify what are you hoping to achieve in this situation?
Hi, sorry I was in a meeting by the time you had replied. I am just getting my response ready for you
When an employee solicits clients whilst employed by their current employer that employer’s main way of dealing with such issues is through the disciplinary process whilst they are still in employment. It could result in them being issued with a warning or even dismissed if necessary.
There is little that the law offers in terms of protection when it comes to such matters once the employee has left the business. It is possible to have post-employment restrictive covenants which restrict the employee’s activities once they leave the business but as you have said these are unlikely to be breached because the employee is working outside of their restricted area. Also these restrictions only deal with the employee’s activities once they leave their employment, not whilst they were in employment with you. It is nevertheless still useful to check whether there is anything in them that could make them in breach now, even after they have left.
ok if she actually took the data rather than just soliciting them by contacting them it could give rise to further rights but they won't be easy or cheap to implement and pursue.
The Data Protection Act could help but it would not assist you in compensating you for any losses incurred – all that can happen is the employee is fined for their breach but it does not extend to compensation for your losses.
There could be the option of seeking an injunction to stop the employee from using such data or to force them to return it but you would have to go to court to do so and there will inevitably be associated costs with doing so, over £1,000 for certain and possible more.
So the advice generally is that in these circumstances prevention is better than cure, which I understand does not help you much here, but you still have the option of following one of the above routes if you are desperate to pursue this
The lying is just lying - hardly anything can be done to penalise someone for lying about this, the key is not whether she lied but what she actually did and if that breached any laws, such as the data proteciton etc
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Have you managed to save this?