[maggie67]

Hi All!

With the help of Business Link I am revising my existing staff contracts. Recently I have become more aware of issues such as clients taking on staff members privately or staff who leave to work in direct competition  :'(and wondered if anyone has a clause relating to these issues in their staff contracts which they would be willing to share! Would be extremely grateful!

Thank you

Maggie
Maggie

[Clean 'n' Tidy]

Maggie,

I have had a contract drawn up. I will pm you with the details if the clauses you want.

rgds
Kim

[maggie67]

Thank you Kim! Much appreciated

Maggie

[Jan K]

so do I m8, I'll pm you mine too.

[navec]

Hi Maggie,

I am writting my own contracts which are for employees and also for sub contractors or self-employed both have clauses that state they cannot For a period of 1 year after leaving the company/finishing the contract by any means detailed in Clause 9 (which lays out all needed terms) hereby agrees not to canvass, solicit or endeavour to take away from the the company the business of any customers or clients of the Company who have been customers or clients of the Company during the period of 2 years immediately preceding the persons departure from the Company.

Hope this helps

[Len Gribble]

Ant worth the paper it’s written on unless you’re a high flyer then a get out you cant stop people working, so why waist time

Len

[Tim Downer]

Hi All

Its true that you cannot stop staff working for your competitors....however they will have signed in their contract with you that they will not pinch any of your exisiting clients for the new competitior for up to whatever period you deem so.....however, this does not stop them giving the details to someone else in their new company of all your clients details!! If people are that horrible, they will find a way round it....mind you, if they are that horrible and high flying....you probably wouldn't have them as your staff anyway.

Regards

Tim

[maggie67]

Hi all!

Thank you once again for your feedback so far

Yes valid points however it could surely act as a deterrent for those employees who are intelligent enough to read their contracts before signing and who have a conscience!................ Leading on from this LEGAL INSURANCE..I haven't looked into this or how expensive it is and whether it covers this aspect........Anybody know?

Thank you in advance!

Maggie

[Jan K]

Maggie I am in total agreement with you there about the employees reading their contracts, and that was initially the reason why I included my non-competition clause. As for legal insurance, probably best to have and see what you can come up with.

If it is anything like the public/employers liability insurance for dom cleaning, it might be difficult to find and then pretty expensive when you do......but having not looked into it myself, I wouldn't know for sure!

[isa]

 I am looking for some advice on what and how to put in writhing  a clause into the customers contracts about them not being allowed to employ our staff and what consequences they could possibly face. Our cleaners have a clause in their contracts about it, but ….do they care. One of many just walked out with 5 customers ! it feels awful and helpless.
Any ideas or guidance? 
iska

[maggie67]

Hi Iza!

It must be infuriating to say the least & I am sure I will be faced with the same situation in time!  Do you have legal cover provided by your insurer? This may help. Alternatively my insurance company have a general advice line for small businesses which may cover such issues. See if yours does the same.

I know that a local cleaning business, similar to mine has taken one of her girls through the small claims courts for breach of contract but how lengthy or expensive this is I haven't got a clue!  ???If your ex employee has taken this amount of work from you and has signed a contract I would definately be straight on the phone to the citizens advice bureau to find out more about what you can do!!

I am sure there must be other businesses out there able to shed a little more light on this one!! (Hope so anyway).

Good luck

Maggie

[Jan K]

Hey Maggie!

It is good to see someone sticking to their guns (and contract) and taking someone to the small claims court for pinching their customers. They surely must have realised what a painstaking and time consuming process this would be, but even if it stops 1 cleaner from doing it in the future then it must be worth it.

There are too many people in this world willing to take advantage, and bite the hand thats feeds them, so to speak. If I ever came to meet this person who had the get up and go to get up and sue their ex cleaner I would surely pat them on the back and say well done.....that is if they won of course!!

[maggie67]

Yeah Jan

But if you were charging £44 per hour (for 2 cleaners domestic cleaning)  :'(like she is, you would be well able to take them to court and in fact you probablly wouldn't bother.

Interesting isn't it..................!!!!!!!!!!!!!!!!!!!!!

Where are we going wrong??

Maggie

[isa]

Thanks Maggie for pointing the insurance out. We operate 3 years now and it is only our very expensive mistake not to look into this matter properly before but now as it is happening ever so often we have to do what we possibly can to try to cut it down at the very least.
iza