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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3694
Experience:  Solicitors 2 years plus PQE
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I own a small cleaning company and sometimes sub contract work

Resolved Question:

I own a small cleaning company and sometimes sub contract work from CT another cleaning company I also run all the cleaning company which is not worked for CT whatsoever can I approach CT customers within the six months or can I have for my other company which has never worked for CT or could not this not be done and have to be a fresh company that I am not involved with. As I know some clauses do you not have any legal standing.
The clause in CT terms and conditions of which I have never signed for is as follows
The customer shall not joining the period of this agreement, at any time, all for six month period after termination of this agreement , solicit or except the service of any employee or subcontractor of the contactor other than through TUPE. Failure to adhere to this condition will result in a one off charge being levied on the customer, which will be the equivalent of one new salary or financial reward of the employee or subcontractor respectively.
Please can you advise me on the legality of the above and what I must do .
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Are your two companies both limited companies? Are they both owned entirely by you? When you accepted the work from CT, did it say any where the work was subject to their terms and conditions? Do you want to work with CT in the future? I look forward to hearing from you. Kind regards AJ
Customer: replied 2 years ago.
I am currently doing the odd couple of jobs here and there not many at all. Acorn Cleaning Services is a limited company owned by myself and one other person but my other company is sole trader and Clean Thinking who I sub contract from are a limited company
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. The wording of the following clause - "The customer shall not joining the period of this agreement, at any time, all for six month period after termination of this agreement , solicit or except the service of any employee or subcontractor of the contractor other than through TUPE" - does not prevent you from soliciting the customers of CT through you other limited company. This clause relates to non solicitation of employees and suppliers only. Do you have the complete terms and conditions for me to review?
Customer: replied 2 years ago.
I can send a photo of the clause to you or do you need to see the whole terms and conditions of clean thinking
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. This clause does not affect the solicitation of customers. It only prevents the solicitation of employees and sub contractors - to which end I think it is enforceable. Can I assist any further? Kind regards AJ
Customer: replied 2 years ago.
So can I approach using my other company which I am a sole trader which has never worked for Clean Thinking but I own or would it have to be a fresh company of which I am not in charge off. Thanks
Expert:  Alex J. replied 2 years ago.
HI, Thank you. There is nothing in this clause that prevents you from approaching customers of CT - you can approach customers of CT in your personal capacity or with a new company. For practical reasons you may want to avoid using the limited company that provided services to CT on the basis that it is CTs prerogative if they want to start any argument with you.
Customer: replied 2 years ago.
Okay I think I understand now so if I get this right as long as I do not use the limited company and I use my sole trader this would be okay with no come backs as it has never worked for Clean Thinking and never well either.
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. If you provided CT with services through the limited company, then yes I would recommend trading in another capacity if you are going to solicit their customers, as it will likely avoid an argument. That said there is nothing in the clause you have provided me that stops you from approaching their customers (only their employees). Kind regards AJ
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