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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Having objected to a transfer of employment via tupe , can

Customer Question

having objected to a transfer of employment via tupe , can the incoming company enforce any restrictions, including restrictive covenants on my new business activities ?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If you refuse to transfer then you will remain with your existing company. It will be for the existing company to enforce your restrictions not the company to which the undertaking has transferred.
Are you still employed by old co?
Kind regards
AJ
Customer: replied 1 year ago.

Hi Alex

No , I am not still employed by the old company, my employment ended on the transfer date

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
The new company cannot enforce your employment terms. There is no privity of contract for them to do that.
Are they threatening you with proceedings?
Kind regards
AJ
Customer: replied 1 year ago.

HI again Alex

yes , I have had 2 letters from the new companys solicitors

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
On what grounds are they saying they can enforce your restrictive covenants?
If I were in your position, I would get a solicitor to write back to them and say they are interfering with your ability to pursue lawful employment and earn a living. If they do not stop pursuing you, you will sue them for your loss of earnings and costs incurred in doing so. You should get a solicitor to send this letter so that they know you have been advised and know your rights, seeing a letter on headed solicitors paper gives your complaint added gravitas and shows you wont be bullied.
Kind regards
AJ
Customer: replied 1 year ago.

HI ALEX

basically what I am doing and have done since leaving the old company

is approach clients for business . I accept that my old company had a covenant written into my contract of employment stating that I could not contact or solicit any customers within 6 months of final day of employment. surely as I objected to the transfer , my contract cannot pass to the incoming company as I was never employed by them as I objected to the transfer

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
That is exactly the point, they do not have a contract with you and therefore they do not have anything to enforce.
Have they said on what grounds they believe they can enforce the contract?
Kind regards
AJ
Customer: replied 1 year ago.

hi

They are saying that I am in blatant breach of contact . The new company has obviously purchased the clients belonging to the old company . They have said that I am not allowed to approach these customers as they are now their customers

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Ask them what right they have to enforce the contract?
Your obligation is to the old company. Have they said they are going to sue you?
Kind regards
AJ
Customer: replied 1 year ago.

HI

They have said they MAY exercise their right to pursue me for damages

as a result of my business activities being in direct competition with them.

ALL correspondence has come from the new companys solicitors , not the old company i.e my previous employer.

The latest letter outlined protocol action as to the direction of events which may now take place

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
This seems like a bluff to me. If this is genuinely going to risk your business activity and cause harm and loss through time spent corresponding with them, you should close this down as quickly as possible. Get a solicitor to write back to them, as soon as they see you have been advised, I assure you their threats will be far less vague.
Kind regards
AJ
Customer: replied 1 year ago.

Alex

You have been really helpful ,I have no choice but to rate your service as excellent. In fact if there was an option to rate higher than that, you would definitely qualify !!!!

kind regards

Paul

Expert:  Alex J. replied 1 year ago.
Thank you very much.
If I can assist any further please do not hesitate to contact me.
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Alex


As you suggested , a letter from a solicitor is being dafted and sent .


Regards
Paul

Expert:  Alex J. replied 1 year ago.
Thank you very much.
I wish you the best of luck.
Please do not hesitate to contact me if I can assist further.
Kind regards
AJ