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