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tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Hi, I work for a limited company providing services to many

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Hi, I work for a limited company providing services to many clients on a self employed basis. I have been approached by one of the clients to work for them in a full time position, it's a different role to the one I currently do. I have had the go ahead from my current employer , good luck, please work your notice etc.. She is now saying that I have breached my contract. I am now working my notice and wish to accept the other position. My contract says ..
Restrictive Covenants
During the length of the contracting period between the Helper and the company the Helper may not approach, solicit or attempt to solicit, either directly or indirectly, any client, contact or employee of the Company and for a period of 12 months after the termination of this agreement.
The client wish to keep working with her company, so she won't be losing any trade, things will stay the the same for her. As the company have approached me where do I stand? Many thanks for any help.
tdlawyer :

Hi thanks for your question. My name is***** should be able to help with this.

tdlawyer :

There are two key points here.

tdlawyer :

Firstly, you told your employer what you were intending to do, they agreed, and you resigned as a result. Hence, the Courts would not allow the employer to go back on thir consent to you doing this, as otherwise, you might not have resigned. This is called equitable estoppe. It prevents people going back on their promises/assurances where it would be unjust to do so.

tdlawyer :

Secondly, the clause you refer to prevents you approaching others. It doesn't prevent them approaching you - nor could it. Employers usually include a no-dealing clause, to prevent you working with clients, and if that isn't there, then you're often able to continue working with the clients etc. as there is no contractual restriction on you doing that.

tdlawyer :

In conclusion, therefore, you would appear to have very good arguments to say that you are not in breach of contract at all.

Customer: Hi, thank you for your tesponse
Customer: Hi thank you for your response It us very helpful.
Customer: Hi, thank you for your response it is extremely helpful. I'm not sure how far my employer will try to push this if I accept the job offer and would like to be ready with a Legal letter in response to her accusations. Is this a service you provide?
tdlawyer :

Thank you and apologhies for the slight delay in replying to you. I can't provide the service, but there are many law firms out there that would be able to help you. Any high street firm of solicitors should be able to assist you.

tdlawyer :

Please do remember to rate the answer for me before leaving... and thank you again!

tdlawyer and 4 other Employment Law Specialists are ready to help you