Restrictive covenant

Author
Discussion

guillemot

Original Poster:

325 posts

166 months

Friday 26th September 2014
quotequote all
Hi, I'm looking for some advice.

An ex employee of mine signed, as a part of their contract, a restrictive covenant that prohibits them from contacting my existing customer base and trying to engage with them within their new role at a rival company.

I have, within 2 months of them leaving, seen a number of cases where they have directly approached my clients, touting for business and even sending them proposals for work to be carried out.

I want to send a warning shot before taking this further, would a simple letter wishing them well in their new role but reminding them of the clause in their contract be the way to go about it? IE, not mentioning any specifics, just drawing their attention to said covenant and advising that we would take things further if we were to see any of this?

I hope that all makes sense, thanks in advance for any advice.

guillemot

Original Poster:

325 posts

166 months

Friday 26th September 2014
quotequote all
That's fair - thanks for the input. Have similar thoughts myself.

Would a simple letter wishing said employee luck in their new venture, and reminding them of the contract they signed freely whilst working for me constitute an issue legally just as an attept to appeal to their better moral nature?

guillemot

Original Poster:

325 posts

166 months

Tuesday 30th September 2014
quotequote all
Thanks Breadvan - the relevant person has now sought the appropriate advice! (was easier to write as though it were me, sorry!)