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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi I have had a self employed contractor in a project managers

Customer Question


I have had a self employed contractor in a project managers position on a project for past 3.5 years.
He has recently resigned but within a few weeks approached my client whom we are still working for within the same building and rewuested to be able to work for them through his own company.
This employee had a huge insight into the workings and costinhs of the company and when he left he left a huge amount of work which had been paid for by myself in good faith which i consewuently had to employ a further person to complete.
am i correct that this employee has breached some form of unwritten contract.
Ultimately i need him to no longer work for any of my clients which he gas worked for previously under my company banner.
Submitted: 4 years ago.
Category: Law
Expert:  UKSolicitorJA replied 4 years ago.

I am afraid if you did not have any written agreement in place with this self employed contractor preventing them from disclosing your confidential information to anyone or using it, then I am afraid there is not much you can do to prevent the person from working for the client directly and using such information gained by working tyhrough you.

Furthermore, you cannot stop him from working directly for your client as he was self employed, not employed, and such a restriction would be a restraint of trade which the courts do not normally uphold as the law gives people the freedom to choose what work they wish to do.

I am sorry but I cannot give you better news.
Customer: replied 4 years ago.

If i have emails which have been read by the project manager stating this prior to him leaving making him aware of the situation would this be used

Expert:  UKSolicitorJA replied 4 years ago.
You may certainly argue that there was an implied agreement and you may contact the contractor and raise this issue but unless the contractor specifically agreed not to use the information, I am afraid if it went further to court, the emails alone would not be enough without express agreement.

Hope this clarifies