Sorry to appear, yet again, on a Sunday, and lob yet another grenade! The acquiring of clients from our employer is as timeless as the oldest profession! In fact the act of stealing a client from those that provided for us, is, the oldest profession. (Think about it…)
It is, unfortunately, a fact of life! I could say a lot about the whys and where fore’s of why it happens. It’s basically GREED! Sadly a human trait!
I would be very careful how you phrase the T & C’s you wish your potential client to sign. Too onerous and they will not sign. A contract, stipulating a “none poaching” clause within your employee’s contract can be, and has been deemed a restrictive practise within the terms of current E. U Competition Legislation.
Example: Client informs you that they are not satisfied with the standard of cleaning, support or the company providing the service. They give the service provider due notice, without providing details of another contractor. (Not a legal requirement) The day the contract is terminated (the last day of the contract) the existing contractors staff are employed directly by the client. (Probably, for cash in hand! And for those shouting TUPE, read the regs!)
And as for dismissing your staff! Just hand your cheque book and keys to the company over to the lawyers, DWP and ACAS.
Competition is Healthy!
Now you should attack.
Attack One.
Ask your employee (ex or otherwise) if the person they are working for has employee liability insurance. (And, then inform them of their rights, or lack off, if they work cash in hand for effectively an illegal employer. You also bring into play national Insurance, Pension contributions, holiday pay, maternity pay, accident insurance etc;)
Attack Two.
Then ask the client, if their NEW cleaner was to damage their property who would pick up the bill. (Then remind the client about clauses within most domestic/commercial insurances relating to DUE DILLIGENCE.) Have they ensured (note the difference in wording, pedantic me) that persons working on their premises have the necessary… Do I need to go on?
Attack Three.
Walk away from the contract. Let the employee know that they are not to be trusted.
Wish the client well. (And when they return for advice or are in deep trouble add 33% to the next invoice.)
At all times keep your voice calm, keep your temper under control and remember, Revenge is a Meal Best Eaten Cold!
I could bore you with more, but importantly, we cannot take away from any person their right to earn a legal living or where they spend their filthy lucre! My filthy lucre resides, most of time, at the Parsimonious Periwinkle, not that I will see much of it again. Ahh but the relief when one stands and converses with Mr Sankey!