Client query

[Candy]

Jurisdiction

United Kingdom

I have recently put in my notice to leave my job at a house cleaning franchise. A few of the clients have asked me if I would continue to work for them once I leave. But I have a contract with the cleaning company that states,
POST- TERMINATION RESTRICTIONS
You will not for a period of six months after the termination of your employment either personally or by a third party, whether on your own account or in association with any other person, firm, company or organization, canvass, solicit, or endeavor to take away from the Company the business or custom of any customer or client of the Company with whom you personally dealt with during the 12 months immediately preceding the termination of your employment.

So where do I stand as far as the clients wanting to leave and follow me?
Thanks in advance.

 

[adjusterjack]

Where you stand is you politely explain to them that you cannot work for them until 6 months after you leave your company.

If you violate the contract, you risk getting sued.

Up to you if you want to risk it.

 

[CandyJ]

Where you stand is you politely explain to them that you cannot work for them until 6 months after you leave your company.

If you violate the contract, you risk getting sued.

Up to you if you want to risk it.

I am confused because I am reading it that I can't go to them and say Hey, leave this company and become my customer instead. These people are approaching me saying they want to come with me. Surely they can choose where they want to go? It is like if your favorite chef goes to another restaurant and he has the same contract, surely he couldn't tell his followers he will be unable to serve them?

 

[army judge]

I am confused because I am reading it that I can't go to them and say Hey, leave this company and become my customer instead. These people are approaching me saying they want to come with me. Surely they can choose where they want to go? It is like if your favorite chef goes to another restaurant and he has the same contract, surely he couldn't tell his followers he will be unable to serve them?

If you believe what you've posted, go for it.
The information offered to you from adjusterj was 100% spot on.
If your employer doesn't exercise his option to sue you for breach, you're home, no problems.
If your employer goes to court, well, you get the point.
It all depends on what the aggrieved party does, or chooses not to do.

 

[Betty3]

If you have an actual contract, you can always take it to a "lawyer" in your area for review & advice. However, these contracts are generally enforceable if the time limit is reasonable. It does sound reasonable & the answer you received is correct.