Ask a Law Question, Get an Answer ASAP!
Thank you for your reply.....no my son signed the contract when starting out at the salon when 18 years old...He did not take any advice it was a typical case of sign this please and hand it back. Also it is the only contract he had issued to him hence many items on it are "past" . They have sent him a letter stating that they may seek an injunction if he does not cease to work and that they may seek payment for loss of earnings as since its been known where he people whose hair he has cut have come to him by their choice, he certainly never poached them its simple public expressing their wishes to have their hair cut by someone they trust...They are making allegations they are there clients , but of course people can move where ever they wish....
another item we wish you to know..The contract they sent was not an original and does not have Troys signature on it...We did keep an original what we still have and it was never countersigned by the company and My son was never given a double signed copy.
We have responded to the letter ourselves at present but feel we may have to go the route you suggest eventually. What we find strange is they sent a copy of his contract with the terms , yet it was not his contract as it contained no signatures by himself or the company . That area is blank , yet he signed . Why would they send him an exact copy but the signature page be blank. Also his contract was never countersigned by the company. That area is left blank. The letter from the solicitor was received Saturday and having i request a response by Tuesday 12 MAY by 4pm...Surely that is unreasonable if we need to seek advice. I would say when he resigned he was a more senior figure and this comes down to money as he took the most earning for the company as he is good. Do you think he could get legal aid as he has no money as such that is why he had no choice but to take the offer and no assets .
Yes..it is exactly as his bar the signature part on both sides for himself and employer is blank...He kept his original copy which he signed but they did not...i can not understand if you are making allegations on a contract why you would not send a copy of the original..why would you send out a reprint without the signatures.
yes its dated....what i am saying is he signed two contracts one for himself and one for the salon.....He says he signed both , we certainly have his original which he has signed but where it says signed on behalf of (employer) no one ever did sign it....the one they are showing us in the allegations has no signatures at all either my son or anyone on behalf of them. also i note the page on his original it is headed "statement of employment " and he signs to say he has read and accepted the "terms and conditions of employment" ..yet the list of can and can not do is headed "employer handbook " not terms and conditions of employment. But going back to the document if you are making allegations based on the document sent why would you not send a copied signed copy. Surely if you send a document with no signatures on it then there is no allegations to defend unless i see it wrong .
My Thanks again
Yes he signed a "statement of employment " which is one page sheet clipped to a "handbook" which just has sections headings and expectations.
It is very basic. At the moment they are only "threatening" the actions and he is continuing as per normal. He in no way solicited any clients but of course when they found he was still cutting locally they did choose freely to come to him and all are willing to say it was their free choice. It is sad as its a millionaire salon boss angry over my son with nothing earning a crust . And he may have lost a few bob....