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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 53675
Experience:  Qualified Employment Solicitor
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One Question I am employe on the 6 months zero hours

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good afternoon
One Question
I am employe on the 6 months zero hours contract. In my agreement i have paragraph POST TERMINATION RESTRICTIONS for next 6 months after contract is ending. My contract is ending now. It is true the law says if I have zero hours contract this paragraph about Post Termination is not valid?
thank you for answer

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is the clause trying to prevent you from doing exactly?

Customer: replied 8 months ago.
My Contract is ending last day of April . I have a 0 hours contract and I have a paragraph Post Termination Restrictions. I cleaning in around 10-11 customers. Private houses. When the customers find out from me I will not work longer ( is not my decision- is my employer) they want me directly after April. How it looks according to law. I found information as from 2015 any restrictions are not valid on zero hours contracts
Customer: replied 8 months ago.
I’m the contract state I can’t work for the same clients for next six months after contract is ending . Question is it is true any restrictions doesn’t exist on zero hours contract ???

can you please direct me to the information you found from 2015 so I can check what you mean?

Customer: replied 8 months ago.
I’m not at home now so I can’t show you but anyway your are the layer so you should know the answer . That’s why I’m asking you . On my phone nów i Just found this Moreover, whilst imposing the ban on exclusivity, the Government may have ‘thrown the baby out with the bathwater’. Any provision in a zero hours contract which precludes a worker from working elsewhere is unenforceable under the proposed new rules. Whilst the intention was doubtless to free zero hours workers to work elsewhere concurrently, there is no time limitation in the drafting. This means that any post-termination restrictive covenant (which dictates what an employee can or cannot do once they have left employment) might not be enforceable.. Apparently It state from 2015 but you are the expert thats why im asking you

I just needed to see what exactly you were referring to. This law was aimed at preventing ‘exclusivity clauses’ in zero hours contracts, which prevent the worker from undertaking work for other employers, whilst employed in a zero hours contract. However, the aim of this law is to prevent this from happening whilst you are employed on that contract. This is not the case here – the contract will end and it is the post-termination clauses which you are dealing with. These are not covered by this law, it is not its aim to deal with post-termination restrictions, only with restrictions that apply to you whilst you are working for them. Therefore, the restrictive clauses can still apply to you.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 8 months ago.
If for example my activity will be as breaching a contract what the highest fine I could pay . Losses of previous employer or is any specific fine to pay?

The following legal remedies are available to employers:

· Injunction – this order of the court would seek to stop the employee from doing certain things that would make them in breach of the restrictive covenant, such as not to contact certain clients, not to use certain confidential information or not to work for a specific competitor

· Damages - compensation for loses which have directly resulted from the breach of the covenants, although it would only be possible if such losses are identifiable

So it is not a defined penalty as such, it depends on how their business is affected by it and only a court can decide what, if anything, you have to pay. Sometimes these restrictions are not even enforceable and it would depend on the employer going to court before you are forced to do anything

Customer: replied 8 months ago.
Thank you and just a last question it with help me if customers will say in court if will be case . Doesn’t matter if I’m working for them directly or not they wouldn’t use my company service anymore as I’m not working there and previously they had to many changes of cleaners. Which is true and they feed up . Is enough . That don’t want any changes .it could help me or not. Thank you . It’s a last question and I’m rating you now

I’m not sure I quite understand you’re last questions on can you please clarify?

Customer: replied 8 months ago.
After the my contract ended. From 1st o may I will work directly for 5 customers . At the moment I’m working for 11 . So half of my actual customers. Question is if my employer will go to court and the case will start. And all my direct customers will say they don’t want to stay with my employer as I’m leaving and before I started work for them they had few different people providing by my employer at was the same story after few months was someone else. So for them enough I enough and they don’t want cooperate anymore with this company as is to big rotation. Now they are using me directly but even if it could be impossible the wouldn’t use anymore my employer company. So with this case I not gave my employer any losses as they don’t want use this company anymore at all. Make send now?? Thank you

thank you, ***** ***** sense. Generally, you will have to be careful if you do something to get the clients to leave your employer, but if they have done this entirely by themselves, it was their decision and you did not try and persuade them in any way, then it will make your case stronger for sure

Customer: replied 8 months ago.
Thank you that helps how I can rate this conversation as I’m very glad

you are welcome and all the best

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