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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, following my disciplinary hearing my employer

Resolved Question:

Hi Ben, following my disciplinary hearing my employer dismissed me on the grounds of gross misconduct. Could you check my contract of my employment again to see if I can sell to customers who are existing clients of my former employer that are based in France? I believe the restriction is just in UK and ROI but would like this clarified. Many thanks
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hi there, sorry to hear that, I will check and get back to you
Expert:  Ben Jones replied 10 months ago.
So by selling I presume you are not enticing them away, just acting in competition?
Customer: replied 10 months ago.
Yes that's correct just acting in competition, the client approached me as I used to manufacture the bespoke items for them when I worked for my previous employer.
Expert:  Ben Jones replied 10 months ago.
Thank you. The more general restriction applies to soliciting business away from them, so basically trying to take away their clients and take away business from them. This is the one which has no geographical restrictions (which in itself could make it more difficult to enforce anyway). The one which is geographically limited is the one where you should not act in competition and that is the one which only applies to the UK and ROI so yes, if you were to deal with clients in France it should not be covered by this clause. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 10 months ago.
Thanks Ben. If my former employer finds out I am also supplying one of their clients can they take any legal action against me or request an injunction to stop me from trading? They aren't particularly fair and may try and make things difficult for me, I would just like to know where I stand if they were to threaten me with legal action?
Expert:  Ben Jones replied 10 months ago.
The options are to sue you but only if the restrictions were deemed reasonable by a court and if they can show losses have been incurred as a result. As to injunctions, they can apply for one but again it is only granted if the restrictions prompting this are reasonable and if deemed necessary in the circumstances.
Customer: replied 10 months ago.
Just so I am absolutely clear, I am able to be in direct competition outside of the UK and ROI and this includes customers of my former employer as long as I don't entice them away completely i.e take the business away from them?
Expert:  Ben Jones replied 10 months ago.
Ok there are two restrictions: 14.1 You cannot solicit or interfere with or entice away customers of the employer with which you had dealings whilst working for that employer 14.2 Engage in any business in competition with the employer in any part o the UK or ROI in which the employer has operated at the time your employment ended. So you can act in competition with them as long as it is not in any area of UK and ROI, otherwise you should in general entice away their clients, so yes your interpretation is correct. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46173
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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