Told my employer I was leaving, didn't end well!

Told my employer I was leaving, didn't end well!

Author
Discussion

4x4Tyke

6,506 posts

132 months

Friday 5th February 2016
quotequote all
CraigJ said:
Not a great Deal

Ex employer tried quite a few times to get an injunction to stop me working and failed each time.

I put my time and energy into building my business and it is growing every week and is doing much better than I expected.
Good on you and one in the eye for all those posters claiming that contracts trumps employment law and restraint of trade clauses were easily enforceable.

Jasandjules

69,883 posts

229 months

Friday 5th February 2016
quotequote all
CraigJ said:
Not a great Deal

Ex employer tried quite a few times to get an injunction to stop me working and failed each time.

I put my time and energy into building my business and it is growing every week and is doing much better than I expected.
In order to assist others, what defence did you lodge? I presume after the first the Court automatically struck out the subsequent claims.

CraigJ

Original Poster:

598 posts

205 months

Friday 5th February 2016
quotequote all
They tried to get an injunction stating I was soliciting customers. I asked for a list of customers who they thought I had stolen. I then called everyone on the list and asked if they would be happy to provide a written statement on how they came to use my services.

Every single customer was more than happy to back me up and provided a statement to the fact that they had contacted me and that I had not approached them for work.

This put a stop to this attempt.

The second time only a few months after I got the same crap from them but via a different solicitor. Same excuse and same customers listed.

This time I sent an email to the CEO of the company explaining how I was being harassed by the UK part of the company.
I got a reply saying it was being investigated and not long after I got a letter from there solicitors saying they were not pursuing it any more.

Not heard anything since. I now only have a short time until the covenants expire so I will be able to expand more. Its going well and I will be looking to take on employees within the next 12 months.

It is still stressful but I'm very happy I took the leap.


Jasandjules

69,883 posts

229 months

Friday 5th February 2016
quotequote all
CraigJ said:
They tried to get an injunction stating I was soliciting customers. I asked for a list of customers who they thought I had stolen. I then called everyone on the list and asked if they would be happy to provide a written statement on how they came to use my services.

Every single customer was more than happy to back me up and provided a statement to the fact that they had contacted me and that I had not approached them for work.

This put a stop to this attempt.
So the judge dismissed their claim or did they withdraw it?

CraigJ

Original Poster:

598 posts

205 months

Friday 5th February 2016
quotequote all
They withdrew

Jasandjules

69,883 posts

229 months

Saturday 6th February 2016
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I hope you enjoyed spending the costs you were awarded then!

Bigyoke

152 posts

132 months

Saturday 6th February 2016
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Was the original issue not that you felt you'd been unfairly dismissed? What was the advice in respect of that, did you sue your former employer & did you win ?

threadlock

3,196 posts

254 months

Tuesday 9th February 2016
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CraigJ said:
I put my time and energy into building my business and it is growing every week and is doing much better than I expected.
Nice one. Congrats - sounds like you deserve to be successful. beer

Vaud

50,450 posts

155 months

Tuesday 9th February 2016
quotequote all
4x4Tyke said:
Good on you and one in the eye for all those posters claiming that contracts trumps employment law and restraint of trade clauses were easily enforceable.
I think many learned posters said they were often enforceable (as proven in many cases), but that each scenario differed and that your ability to overturn your contract terms had significant risks - it is not black and white - and you need a very supportive future employer...