New business

[meakame2023]

Hiya,

Myself and my husband have set up our gardening company. The current company we are working our notice for has a clause in our contract.

You agree that for a period of 12 months after the termination of your employment you shall not solicit custom from any customer or client of the Company with whom you had contact during the 12 months prior to the termination of your employment.

But if they have come to us are we "solicit custom"?

Thank you in advance for any help.

[atticus]

Is there also a clause preventing you from accepting business from such customers?

And how will the customers know how to find you? That can be a minefield.

[meakame2023]

Hi Atticus,

The only other thing I can see is this.

You undertake not to compete directly or indirectly, whether as director, shareholder, employee, consultant, proprietor or agent or in any other capacity, with that part of the Company's business with which you were involved as an employee in the 12 months prior to the termination of your employment for a period of 12 months after termination.

Does that also mean that we can not set ourselves up with the same property management companies?

[ULA]

What is your current employer's company's business?

[meakame2023]

The company is grounds maintenance/gardening/tree surgery. We are only gardening/soft landscaping and small tree works.

Thank you for your support.

[atticus]

on that description, you appear to be competitors.

[ULA]

Have to agree with atticus particularly in relation to the clause you set out in your post #3 which is in force for 12 months after you leave your current employer.

[meakame2023]

we have not made any agreement. it was just a query.

[meakame2023]

on that description, you appear to be competitors.

will we be allowed to use the same property management companies, as long as we don't compete against sites we have worked on?

[atticus]

You undertake not to compete directly or indirectly, whether as director, shareholder, employee, consultant, proprietor or agent or in any other capacity, with that part of the Company's business with which you were involved as an employee in the 12 months prior to the termination of your employment for a period of 12 months after termination.

I think meakame2023 misunderstands. This is a bar on competition, and not simply on competing at or for the same sites. So the answer to post #9 is almost certainly "no".