Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
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Is there anything in the contract which prevents her from doing this?
Ok if you can attach them please I will take a look later thanks
Thank you. Firstly I see it refers to Staff Rules which form part of the contract so it would be worth checking these as well to see if there is anything relevant in there.
Clause 10 on Confidentiality will also likely be relevant because it says that any secret or confidential information acquired during her time with the company must not be discussed with anyone else so if she is sharing any such information with you for the purposes of your business then that could be a potential breach.
However, there is nothing in the contract which says that she must disclose any outside interests or that she is prevented from engaging in such. They cannot really take any legal action against her unless they can show that she has acted in breach of contract, such as breaching the confidentiality clause and that they have suffered losses as a result. If you are not competing with them then it is highly unlikely that they would have suffered any losses so legal action is rather unlikely in the circumstances.
There is however another issue linked to her length of service which does not give her as many rights as she may need in the circumstances and I can cover that as follow up advice.
This is your basic legal position. I have more detailed advice for you in terms of the legal rights she has in this situation, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
It i unlikely that this would be confidential information unless it was something that had come from their own research. As to length of service, she has less than 2 years with them which means there is no protection against unfair dismissal. So sadly they can dismiss her for more or less any reason and without following a fair procedure. Therefore, even if she had done nothing wrong but they were unhappy with her activities, they can dismiss her. So bear that in mind when deciding on whether to disclose this to them, on the basis that there is no requirement for you to do so
You are welcome