Jump to content


Please note that this topic has not had any new posts for the last 3010 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I recently received a letter from my former employer stating that they understood I was dealing with former clients, stating I should sign an undertaking to desist as I was in breach of contract. I work in a specialist field, and although I did make it known I was moving to work with another company, it was in an area which although similar, is different in the fact my former employer does not have the expertise or the equipment that the new company does. I was contacted directly by the client and asked if we could perform the task. I of course replied we could. This is an organisation who does not directly use my former employers services any more - the contract expired July 2011. The covenant restricts me to working with clients or former clients within a year of leaving my previous employer. I left in May 2012.

 

I have taken legal advice - which has cost over £500, and my solicitor states that a firm rebuff should suffice and it should not go any further. If that is the case, assuming the matter goes no further, am I in a position to put a claim to my former employer for costs incurred as a result of their action?

Link to post
Share on other sites

What does your expensive lawyer say? He'll know better than us because he's presumably seen your contract.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Haven't asked him! I am endeavouring to keep costs to a minimum. It was worthwhile taking the advice to establish my legal position and I have enough information from him to defend myself should it go any further. However he thinks a letter he has drafted for me to send should be enough to prevent it going any further. Personally I think it is reasonable for me to claim my costs incurred if there were no grounds for my former employer to go 'legal' in the first place.

Link to post
Share on other sites

I'd say unlikely.

 

1. your choice to use a lawyer

2. doesn't sound vexacious to me

 

Did your lawyer actually say you were in the right, or that a letter would scare them off? Because I think (although I haven't seen the contract) it's a bit dubious meself.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

I have in the past sent a threatening letter asking an ex employee to sign an undertaking... The reason being because the employer client didn't have the funds for an injunction, so they took the cheaper scaring off approach. It didn't work.

 

If you ignore the undertaking and call their bluff, you may not hear anything more.

Link to post
Share on other sites

I have deliberately steered clear of current clients due to the restriction in my contract. Yes my choice to use a lawyer as employment law is complex and I needed confirmation that how things occured put me in the right. The action is being directed at me directly, my solicitor thinks that the convenant is not applicable, however that is his opinion.

 

We are not talking multi-million pound contracts, we are talking about a requirement for a couple of days work which was well suited to my current organisation. I feel the use of lawyers was heavy handed and unecessary, like I said they couldn't do the job, but it is almost as if, if we can't do it we don't want you to do it.

 

Confident I am in the right, I am more than happy to defend myself, should this go further, however I'm peeved that it has cost me to confirm something that I thought was correct.

Link to post
Share on other sites

I deal with advice on restrictive covenants fairly frequently. The reality is, id guess maybe a third of what I see are likely to be enforceable, and not once have I actually seen an employer go to the high court to try to enforce them.

 

Unfortunately lawyers have to work on the basis that they're enforceable when giving general advice to protect themselves against giving negligent advice. If you want to pay for more detailed advice, it does unfortunately cost around £500. I would quote that for the same advice.

 

I don't think there's scope to claim back your legal costs - your ex employer still has reason to believe you were in breach of contract. You've just done the sensible thing in obtaining advice.

 

It's worth the £500 to know you won't be sued for thousands for breach of contract!

Link to post
Share on other sites

 

I don't think there's scope to claim back your legal costs - your ex employer still has reason to believe you were in breach of contract. You've just done the sensible thing in obtaining advice.

 

It's worth the £500 to know you won't be sued for thousands for breach of contract!

 

I'm happy with the advice I've been given - wish I could work for the same hourly rate! Thanks for answering my question - I thought it was worthwhile posing it, just in case.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...