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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4471
Experience:  Owner at James Bruce Solicitors
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I am currently on gardening leave with my current employer

Customer Question

Hi, I am currently on gardening leave with my current employer and have a contract in place with various restrictions. I am a sales executive in the UK packaging industry and I have been found to have been emailing a customer when under restriction. They have issued with intended court proceedings and are asking that I produce a number of undertakings to be sent to their solicitor and if happy may or may not be taking it to court looking for loss of earnings and damages. I need a solicitor to look over an advise but I cannot afford the fees. What do I need to do? They are asking for all information back to them latest Theo coming Tuesday 4
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I had a brief conversation with a litigation solicitor but could not afford their fees, I live in England and legals also relate to England
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I also have a contract of employment that I need someone to look at as I think that this may not be legally binding.
Submitted: 13 days ago.
Category: Law
Expert:  james bruce replied 13 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
If an employee is on gardening leave and has restrictions placed on them such as no contact with customers etc, if they breach those conditions they can indeed be sued by the employer for the breach, loss of income, damageS etc.

It is at the discretion of the employer whether they will sue, or simply ask for legal undertakings to stop and not continue in such a manner. That is a normal process.
A simple way out of the situation is to give the undertaking requested.

Expert:  james bruce replied 13 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Expert:  james bruce replied 12 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.