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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 423
Experience:  Owner at James Bruce Solicitors
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Soliciting business: For as as you continue to be employed

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Soliciting business: For as long as you continue to be employed by the Company, you are not permitted to carry out any private work and/or provide any services outside of your contractual hours of work for any client of the Company, either paid or unpaid. For a period of six months after your employment has ended, you will not solicit business from any client of the Company with whom you have had any personal dealings in the final twelve months of your employment. ln this paragraph 'client of the Company' means any person or Company that has been in the habit of buying and/or receiving services from the Company does that mean that if approached you could accept a job , but you can’t approach the client ?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: It’s a long story but the care company has sacked the lady who has been looking after my mum who has dementia. To be honest it was a total witchhunt against the carer and we don’t know why. But we really want to take her on directly as my mum’s carer and pay her ourselves
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: the carer was employed by the company since November 2019 on a 0 hour contract
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello I am James a solicitor, I will be pleased to assist you today,

The above clause basically means two things, 1, the employee cannot carry out any private work either paid or unpaid whist in the employment of the employer.

2, For six months after leaving the employment, the former employee cannot solicit business from any client of the former employer who they had personal dealing with.

These clauses are called restrictive covenants in a contract. They are legally binding if they are not in excess.

However, in this particular case, the only restrictive covenant here is a non solicitation one. Therefore, is the former employee is approach with an offer of work, they will be allowed to accept and not be in breach of the listed covenant.

Customer: replied 12 days ago.
That’s what I thought , thank you so much James

If the former employer did not what this to be able to happen, they would have required either a no contact, or a no dealings clause. These have not been included, so as long as the former employee does not solicit, but instead is approached , they would be completely entitled to accept an offer of work.

Please com back if you require further ssistance.

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