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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, we run a small childcare company looking after children,

Resolved Question:

Hi, we run a small childcare company looking after children, we have been appoached by our parents and she has been going behind our back, lt was confirmed when she approached 2 of our staff and having again been telling lies and has offered to get them jobs with her new company, when this person left it was so that she could get full time hours, we went over and above the duty of employers for this staff member, who many employers would have not have support due to her continual being off work for different illness and time off , we even gave her lots of training in the job after we had to give her verbal and written warning and had slander other staff outside of work, so we don,t understand why she is doing this to us and was a bit of a shock. we feel that we need to send her a letter on Cease and Desist as she is damaging our reputation and business., but don,t where to start or how to go about it, we don,t have any money to go to a soclister.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how this person has gotten hold of the details?

Alex Watts :

Are they calling the customers please?

Customer:

as far as we are aware no, she talks to them personally, when she sees them at the schools we also collect from. we work in a small town and everybody knows each other and rumours spread very quickly.

Alex Watts :

Was it a term of the contract that she could not approach any customers?

Customer:

hi we think so just checking now

Alex Watts :

ok

Customer:

During and after your employment with the company, you will not release any information about the company to any competing business. Similarly during or after your employment you will not entice, solicit or encourage any client or employee to leave Tic Toc Play Clubs Ltd.

In addition you will not start or run an afterschool, holiday, breakfast club or any childcare business within radius of 15 miles of any of our clubs for a period of 18 months after leaving our company.

In addition you will not start or run any child minding, babysitting or any childcare business within radius of 15 miles of any of our clubs whilst working for us or for a period of 18 months after leaving our company without prior written consent from Tic Toc Play Clubs Ltd.

Alex Watts :

Thank you, ***** ***** would appear you have that.

Alex Watts :

You need to write, set out your position and ask them to stop.

Alex Watts :

Send a copy of the contract and quote the terms above.

Customer:

this is in our staff handbook and staff all sign a Declaration that they have read and understood and agree to our contract and staff handbook and policies and procedures

Alex Watts :

Quote that they will not approach or Solicitor anyone and not do so for 18 months within 15 miles

Alex Watts :

Say you want them to stop and unless they give you an assurance within the next 48 hours you will go to Court.

Alex Watts :

If they refuse then you can issue proceedings

Alex Watts :

You would need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You are asking a Court for an order that they do not approach or communicate in any way directly with your customers etc.

Alex Watts :

The Court will list the matter for hearing and decide whether to grant the injunction

Alex Watts :

If the Court does grant it and it is breached then they are in contempt of Court and could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what words should l use in the letter as l,m Dyslexi

Alex Watts :

Just quote their contract and ask that they stop (or you can say cease and desist)

Customer:

thank you for you help and support linda

Alex Watts :

Can I help with anything else today Linda?

Customer:

l don,t think so, l just don,t like having to do this to people :( but we want to save our business

Alex Watts :

Indeed. If I could therefore invite you to rate my answeer

Alex Watts :

There should be a button at the bottom of the page.

Alex Watts :

If you need more help please click reply?

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