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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A contractor working has been poaching clients. I can

Resolved Question:

A contractor working for me has been poaching clients. I can prove this by obtaining log files from a client's email account that we host. This doesn't enable me to view the content of the email, just the subject line, time, date, sender and recipient details. Would this be admissable should the case go to court and am I legally able to view these log files which are on a server managed by us.
In addition, he never signed his contract which has a clause regarding not working for any of our clients for 6 months but I believe his actions prove he has been fulfilling the contract anyway - not least of all as he has been paid for over 12 months and there are thousands of emails regarding details of his work etc. Can he still be held to the terms of the contract?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume he is in breach of THIS clause?
Customer: replied 1 year ago.

Hi Alex,

He is in breach of this clause of the unsigned contract:

The Contractor, Contractor’s employees or subcontractors will not be employed or contracted directly or indirectly by the Client for a period of 12 months after the end date of each Project Specific Agreement.

One other thing I forgot to ask is if I can withold payment for the last month's work - he is operating as a limited co.

Thanks,

Jason

Expert:  Ash replied 1 year ago.
Why didnt he sign the contract? Was he aware and did he agree to the term before he started work?
Customer: replied 1 year ago.

He was aware and did agree to the term. To be perfectly honest I chased this a few times and was told the contract was at home etc. Unfortunately I then completely forgot about it as I am a prize idiot...

Expert:  Ash replied 1 year ago.
What is it you want to achieve?
Customer: replied 1 year ago.

I want to offer him the chance to forego the final month's payment as full settlement in compensation for the revenue will will lose (without admission of liability or guilt on his part but with an undertaking not to approach any other clients) and if he refuses, issue a claim for 12 months IT maintenance charges we would have received from the clients. To give an idea of the sums, his invoice is for £3,500 and the contracts he has poached are worth approx £12,000 per annum.

I hope he will go for this but want to know if he doesn't if I have a case and can use the logfiles as evidence as they will prove the contact. I have been told of this off the record by an employee of the client who has seen the emails but won't get involved for obvious reasons.

Expert:  Ash replied 1 year ago.
Ok. You need to write and give him this option. If he refuses then you can issue proceedings that he stops contacting customers and delivers up any list or data he has.
You will need to complete form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The court will list the matter for hearing and the court will decide whether to make an order. If the court orders delivers up and he refuses he can be in Contempt of court and therefore warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thanks Alex. I will do this, however I want to know if I could use the logfiles as evidence should I need to please.

Expert:  Ash replied 1 year ago.
Yes. You can
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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