[absolutecleaning]

We are about to take on our first 2 cleaners (primarily for domestic work).

One of our biggest worries is that we have not got clients to sign contracts and it would potentially be easy for the two parties to make their own arrangements.

We do not have the time or money to sort out proper contracts right now so have created an emploee statement using this tool which is quite useful :

http://www.businesslink.gov.uk/bdotg/action/stmtEmpLanding?topicId=1075225309&r.l1=1073858787&r.l3=1073971494&r.t=RESOURCES&r.i=1075062642&r.l2=1074428798&r.s=e

We have now simply added an extra paragraph relating to our concern :

14.Contact with clients having left the company
There is to be no contact with clients within 6 months of having left the company for any reason or discussion of financial arrangements whilst in employment.

What does anyone think about this?

Is it going to be legally binding?

Could the wording be better?

Thanks in advance

[dustdees]

Hi,

I did the samething but used different wording. I had a case where an ex employee did take some of the clients with her, so I made enquires into taking the matter further.

The legal eagles basically said that it would cost more then it was worth to take matters further. You can use the clause as a deterant, but financially I wouldn't bother.

I would imagine that most people wouldn't realise the implications and costs involved in taking it further, so sometimes ignorance is bliss.

Hope this helps,

Denise

[heritagecleaning]

14.

(i) During the term of this employment and for a period of six months after any termination, the employee will not solicit, interfere with or endeavour to entice away any customer of XXX Cleaning with the aim of providing that customer with cleaning services.

(ii) During the term of this employment and for six months after any termination, the employee will not become an employee of any customer of XXX Cleaning for the purpose of providing that customer with cleaning services.

(iii) During the term of this employment and for six months after any termination, the employee will not enter into any verbal or written agreement with any customer of XXX Cleaning to provide, or offer to provide, that customer with cleaning services.


I knew that law degree would come in handy one day!


Owen

[absolutecleaning]

Brilliant Owen!

Cheers for that

[Kevin White]

This is the closest thread i can find to my question.

I can understand putting a clause in a contract that forbids a member of staff approaching a customer.

What about the customer going in house and pinching your staff.

Tupe or not Tupe ?

How could you prove if this has been done in cahoots with your member of staff, they earn more and the customer pays less.

Anyone been here before. The operative works other contracts but this one is cheesing me off a bit.

[mxg]

I have to agree with Denise on this. We have it in our contracts but it didn't really help us when 2 left with us with a client worth about £5k turnover per annum.

The cost of enforcement is prohibitive, HR law is stacked totally in the 'employees' favour and you can't force a client to spend their money with you. And if they would do something like that, are they the sort of people you want to work with/for. Ours was actually a company although the work was of a more domestic nature - basically had English and Americans involved. Heard a rumour it was about to happen, challenged the UK end and told 'oh we would never do something like that'. Week later got a phone call from UK manager while in US of A who was told to terminate our services.

Mick