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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49857
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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8 years employed transfer sister company. ill at time verbally

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8 years employed transfer sister company. ill at time verbally spoke to new manager .could keep old contract or wage rise with them said obviously like pay rise. p45 came thro after changing.7 months handed notice. clients received 2 price rises aug and sept people cant afford ringing and cancelling. I decide hand notice give 3 weeks. clients asked what I doing would like to go self employed. received letter company asking for exit interview cover phone if more convenient asking for property etc
I must draw attention to section 21 of your contract
you agree period 6 months after terminating employment wheather principal or agent or otherwise direct or indirect recruit or try to recruit any person as an employee or consultant or some other capacity if that person was at any time during last 6 months employed by company and you have regular contact with them through the company.
you also agree for this period of time not to solict customfrom or enter any private care arrangement with any customer with whom you had contact during 6 months prior termination of employment.
do have to go to an exit interview
I have already had clients asking or already cancelled visit with company what I am doing .I decided to resign immediate due to clients paying large amounts and thought I would set up self employed sent letters out my prices and that I was leaving. now this have I got myself into big trouble? I am not sure what to do now . never had or seen a terms and conditions of company or written contract from them but verbal conversation about price increase.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Were you given this contract when you started with the company? Were you aware it existed?
Customer: replied 2 years ago.
i had a contract with employer 8 years then suddenly told being transferred tupe
Customer: replied 2 years ago.
tranferred to new company letter saying terms and conditions of empolyment significantly improved from current terms and conditioned and staff have opportunity to transfer these if they wish other wise you transfer on existing employers terms. then had conversation with new manager on phone who said it basically means if accept our get increase pay rise . milage travel etc so i said ok. thought i would receive some paperwork. soon received p45 from previous company.
Hello, sorry I was offline by the time you had replied. If your employer is trying to rely on terms which they say were introduced when you moved to them and accepted their terms and conditions following the pay rise, they must have given these to you in the first place. They would find it rather difficult to try and say you are subject to restrictions under your contract if they never actually gave you that contract. As far as you were aware you were working under new terms but these were only those which you had discussed in relation to your pay rise and anything else, there appears to have been no indication you were subject to any formal restrictions. So this is going to be your main argument – you were never issued with any new terms and conditions and you were not aware of them, therefore they should not be binding on your employment. Had you know of them then you may have even considered not to accept them and to remain on your old contract, that is why it is so important for the employer to have issued them to you at the start. It is now for them to decide how they should take this further – to do anything they can only go to court - anything else is just a threat and they cannot do anything to you. So only if they go to court would this be an issue but even f that happens, you would have a reasonable defence by raising the argument that you were not issued with these terms at the start and as such you should not be bound by them. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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 2 years ago.
clients received letter of a price first time 7 days notice or they will terminate contract. clients that stayed received second letter price increase of over£10 with 30 day notice.their terms are 1 carers are not permitted to do additional work while working for company on a direct basis.2 if you( or anyone to whom you introduce one of your carers)agrees to engage or employ that carer directly, you will pay us a fee for that introduction. this is £2,00 plus it would costs vat as this is reasonable estimate it would cost to employ another carer. the fee is payable if the introduction happens ant any time between
a the the day carer first provides any service to you in accordance with these terms and conditions of business and
b the date which is 12 months after the date the carer provides any service to you in accordance with these business terms.
question-if a client is not accepting this huge pay rise not willing or cant afford and offically finishes their care package provided by the company and their carer worker has resigned are their any come backs on the client or worker. does it mean clients are not accepting these terms and prices thank you
Assuming that the terms dealing with the restrictions were included with the changes of the price increase, failure to accept these terms and terminating the services means that they have not accepted these changes and they should not be bound by the restriction terms.
Customer: replied 2 years ago.
back to my first q the letter i was given transfer of employment says good news for staff terms and conditions of employment are significantly improved from your current terms and conditions with .....and staff will have the opportunity to transfer to these if they wish,otherwise you will transfer on your existing terms, including continuity of employment and your statutory and contractual rights are preserved. otherwise you will be working with many of same people and team building on reputation that .... had but under a new and exciting brand dedicated to giving clients an improved and more flexible service.then i could not make the meeting..very ill txt informed the new manager as worried about it changing and me missing anything. thats when manager rang and spoke to me about what the difference in contract was does your first answer stay the same.
So when were you actually informed that the new terms include these restrictions?
Customer: replied 2 years ago.
sent my resignation by post mon 28 sep last day of work wed 21 oct. received acknowledgement letter sat dated 2 oct.asking for an exit interview asking me to ring arrange a time or interview can be done by phone. also follow my shift to hand any company property. once exit interview complete calculate any pay owed p45 issued. then it says i must draw your attention to section 21 of your contract
21 post-termination restriction
you agree for the six month period of time not to solicit custom or enter any private care arrangement
you agree that you shall not for six months after termination as principal or agent or employee or otherwise direct or indirect recruit or try to recruit any person as an employee or consul.tant or in some other capacity if that person was at any time during the last 6 months of your employment employed by the company and you had contact with them through your employment.then wishing me well etc.
i have no contract other than the phone call for transfer?
do have to have a exit interview?
and this is telling me i agree with post-termination restriction/
They cannot give you the restrictions when you leave and then expect you to be bound by them. These should have been introduced at the beginning of you starting to work for them. So if they were given to you at this late stage you can refuse to accept them and should not be bound by them. Also you only have to go for an exit interview if it is in your contract but again if you were not issues with a contract until now you would not be bound by it
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