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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49836
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have received a letter from a company saying I am required

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I have received a letter from a company saying I am required to ensure the appropriate steps are taken in ensuring a former employee does not break the post termination covenant of her contract. I have recently offered ( and the post has been accepted) by one of the companies member of staff, the person in question is currently working her notice. This is not world wide secrets we are talking about, I run a Beauty Salon, I am not interested in the financial position of the company, however the therapist does have a considerable client base that may or may not choose to follow her, she will not solicit these clients, however she will be making them aware that she is leaving. I want to write back and say the covenant is the two parties and I am not party to this (nor have I seen a copy of it). I would not put anyone in a position to fulfil any agreement but business is business at the end of the day.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What is your specific query about this please?
Customer: replied 2 years ago.
I can see I have a response, how do I view this? I had to give my husbands email address as it said there was already an account with my email details (can't recall)????
Are you not able to see my response above? I was just asking what your specific queries about this situation are so I can direct my response better. Thank you
Customer: replied 2 years ago.
Hi Ben, no I cannot see your response, but have been able to view your note to me. Sorry my query was do I have to respond to this MD and if so do I have to undertake any agreement with her. If the contract is between the employer and employee I would have thought I cannot be involved in this. I cannot vet new clients that come to me there maybe some that have been previous been to her premises. I have spoken to my new (to be) member of staff who thinks clients will follow her, but how can it be proved she has/has not solicited them? I would not put any pressure on my new staff member to do anything that would imply she has not complied with her terms and conditions in her contract. This MD phoned me a few days ago wanting information as to when I interviewed and offered the position to the therapist. I declined this information and now she has sent this letter - which looks as though it is a standard template from the internet and would be better placed in a company that say manufactured something unique. This is now beginning to feel like bullying and I also feel concerned for my new member of staff - her soon to be - previous employer is making her almost unemployable by anyone else. Hope all this makes sense.
Thank you. Yes you are correct that the restrictions are solely between the employee and their ex employer. You are not a party to them and as such cannot be held liable for recruiting her. If they wanted to they can take direct action against her if it appears that she has breached these restrictions and it could also result in an injunction against her, which would prohibit her from doing certain things, like working for you or soliciting clients, but you cannot be held responsible for any of this. So I suggest you write to them once, advise them clearly that you are not a party to their agreement and as such have no involvement or responsibility in the circumstances and that they should not contact you again in relation to this. The contract with the restrictions was solely between this person and them and you have nothing to do with it. Remind them that it is not unlawful to employ someone who is subject to restrictions and if that happens then it is for the ex-employer to resolve this with the employee, not with their new employer. Make it clear that any future correspondence from them will be treated as harassment and will be dealt with as necessary. Hopefully this should put an end to this matter as far as you are concerned. 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 2 years ago.
Thank you for the guidance, feel confident to send a reply, however I will leave out the piece on future correspondence being treated as harassment (at this stage at least) as this person may look on this as a challenge. However should I have to proceed further what would be the course of action - you have said 'will be dealt with as necessary'. Just want to tidy up this loose end and know where/what to do if my letter does not have the required effect, then happy to leave feedback. Thank you
Hello, I was referring to any action you may wish to take in relation to harassment, if they continued to contact you even after you had specifically asked them not to. There are a couple of ways to deal with this - via the police or via the civil courts with a claim under the Protection from Harassment Act. Obviously they would take this matter to a whole new level but it is there as an option should you need it. Hope this clarifies?
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
OK that's great and doubt it would come to this, however its good to know what can/cannot be done. Many thanks.
You are welcome all the best