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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 54410
Experience:  Qualified Solicitor
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I have dome job for my customer (A) where we collected the

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I have dome job for my customer (A) where we collected the goods from his client (B) and delivered to destination. On same period of time I was also completing a job for my end customer who based at same premises with customer client (B). After couple of month (B) found our details and send us an email to quote for a job, we replied back with price and they have decided to go with us, does this mean that I am poaching customer? (we have never left any details with them)

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

Do you have any contractual restriction on poaching?

Customer: replied 1 year ago.
We not allowed to leave any kind of information with clients if we are collecting on behalf of another company.
Customer: replied 1 year ago.
Can you help with the answer please?

Do you have the exact clause wording as that may be relevant?

Customer: replied 1 year ago.
There is nothing signed. Just verbal agreement that we are not allowed to approach customer in any way but nothing saying about customers approaching us.

Thanks. This is something akin to a non-solicitation covenant, which is used to prevent an employee from enticing away their employer’s customers or suppliers. Solicitation generally means “directly or indirectly requesting, persuading or encouraging clients of the former employer to transfer their business ". There has to be a positive act by the employee such as to "tempt, lure or persuade” the client to do business with them. Situations where the client makes contact first are not automatically excluded and can still be caught under non-solicitation restrictions, although it would depend on the individual circumstances.

So really the law would want to see some kind of positive act by you to try and entice them away and if you did nothing and it was clearly just the customer who approached you and who wanted to work with you, then it would be somewhat difficult to argue that you had poached them away.

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 1 year ago.
Just to clarify If I did nothing and customer did contacted me for the service we provide this mean we did not poached them?

yes that would indeed be the case, poaching really requires some positive act by you, telling them what services you offer, asking them to consider working for you, etc

Customer: replied 1 year ago.
Thank you. Will leave feedback

You are welcome, all the best

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