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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a taxi company and am concerned that a number of drivers

Resolved Question:

I have a taxi company and am concerned that a number of drivers have recently left to start there own service and will potentially approach the companies we have accounts with to go with them and leave us. The drivers are self employed but have worked with me for a few years now. They have nothing in writing with me and i appreciate this would be hard to prove if they did. However is it possible to stop / make them aware if they do approach our customers action would be taken against them
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know why did not have an agreement?

Alex Watts :

Also please confirm that it was never discussed that they would never approach customers?

Customer:

HI Alex

Customer:

Hi Alex.

Customer:

Due to the nature of the industry it would be nearly impossible to get drivers to agree to this in writing. Taxi drivers are an interesting bunch of characters. However it is common practice that drivers would agree verbally that they would not give out their details to the a companies customers. The question is can they or are they able to contact my customers after leaving working with me on the grounds they have inside information about prices, volume of work, customer expectation.. and then go in at a lower / reduced rate and try and take my customer base.

Alex Watts :

They are not.

Alex Watts :

You could argue it is a breach of bad faith which is an implied term, but in any event unless the customer consents it would be a breach of the Data Protection Act.

Alex Watts :

Therefore you could stop them by seeking an injunction

Alex Watts :

You would need to complete form 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 the Court for an order that they do not contact customers.

Alex Watts :

If they do then they would be 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?

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