How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51163
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I was a beauty therapist for a company called Glow Beauty

This answer was rated:





Hi
I was a beauty therapist for a company called Glow Beauty Bar, and worked for that company since 2005 till Feb 2018. The company gone in to admin in Feb and hence I decided to leave the company. While I was in the company the branch that I used to work is named slightly different i.e. Glow eyebrow bar rather then glow beauty bar. I was moved in to the branch when the company opens the branch in 2011. I asked the owner of the company is so many different occasion about the name of the company and I have been told that it was a mistake but the actual name of the company is Glow Beauty Bar (which is says on my contract too). When the company went in to administration all the other branches which was named under Glow Beauty Bar been closed down apart from branch that I used to work which is Glow Eyebrow Bar. I also found out later that just before the company bust the husband of the owner of the company registrar the branch that I used to work under his name and started the company as a new owner. When I asked for the new contract form they haven’t provided me anything at the end I have decided to leave.

Now I decided to open my own business and will start my beauty salon in the same area. Is there anything that should I need to be concern off?
I am also concern about the owner of the Glow eyebrow bar, as he can do anything to stop me doing business over there as he thinks that I will take his business. What do you advice in that case?

Area of law: England-and-Wales




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

Were there any restrictions in your contract which would have prevented you from doing this?

Customer: replied 3 months ago.
Hi thanks for getting back to me. The contract that I signed nothing states there, although please find the attached contract paper that I signed
Customer: replied 3 months ago.
1
Customer: replied 3 months ago.
2
Customer: replied 3 months ago.
3
Customer: replied 3 months ago.
When they start hiring staff I think after 2010 or 2011 then they put a clause on their contract, but not in my one

Thank you. The contract you have is for the GBB Ltd company only so the employer can only apply these terms against you if they are relevant to that company. Looking at the terms in there, the only relevant one is Confidentiality, on page 2.

This clause says that after your employment with that company terminates, you cannot disclose to anyone information about the company and its business dealings or customers.

This does not stop you from setting up in competition with them or even working with their old clients, especially if they approach you.

What will make this clause difficult to enforce is that the period for which this restriction applies is unlimited. They should have set a specific period for its application if they wanted to make it fair and enforceable. An indefinite restriction will make it very hard to enforce.

In terms of your relationship with GEB Ltd, there is no contract in place and as such they cannot really prevent you from doing anything similar if it relates to that company. They cannot apply the same terms as GBB Ltd to GEB Ltd and if they wanted to do that they should have had a formal written contract with you, which they never had.

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

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you ben really appreciate your help.

you are welcome and all the best