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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44894
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was working care company as a live-in carer . Unfortunately

Customer Question

I was working for a care company as a live-in carer . Unfortunately the client was put into a residential care home as his funds were running low and he could no longer afford the care companies fees. The company had no other work so I moved on to another care company. After 3 months I was approached by the previous clients family saying that the client was very unhappy in the care home . They asked if I would look after the client privately. At the time I had no work so jumped at the chance. The care company are now trying to sue us as they say that they introduced me to the client. What are my rights?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.Do you have anything in your contract which says you can't be introduced please?
Customer: replied 9 months ago.
I was introduced to the client whilst working for the care company.......
Expert:  Ash replied 9 months ago.
Ok, but anything in that contract which says about they cant approach you or you cant work for them?Alex
Customer: replied 9 months ago.
I would have signed a contract.....and I know that I wouldn't have been able to approach client
Expert:  Ash replied 9 months ago.
But they approached you?
Customer: replied 9 months ago.
Yes that's correct
Expert:  Ash replied 9 months ago.
Ok, then you dont need to worry. If it had been the other way around this may have been an issue for you.But if you did not approach the client and the client approached you, then they can't stop you.Only if there was a restriction in your contract saying you couldnt work for previous clients of the firm, would this be an issue.But they cant stop people approaching you direct.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
Thank you.
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.
Expert:  Ash replied 9 months ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ben Jones replied 9 months ago.
The answer above has not considered the nature of the restrictive covenants you may be subject to. It is a very simplistic approach to be told that as long as they are the one who approached the client, you will not be liable in any way. That can easily be wrong because you could be subject to a non-dealing clause where you are prevented from dealing with a specific client, regardless of who has approached who. There are various factors which would be relevant as to whether such a restriction is enforceable or not but do not assume that just because they approached you and it was not you approaching them that you are safe – this is a dangerous assumption as it could easily be wrong. This is your basic legal position. I have more detailed advice for you in terms of the law on non-dealing restrictions and what factors are taken into consideration when applying them, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you

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