New business

[edwardii]

Hi everyone,

Myself and a colleague have started up a new business. It was registered on 30 January 2017 although we only launched last week and as of yet have not traded. The business is a training company offering online courses.

My colleague worked for a College who we will now be in competition with, and he left them on 1 April. They have now found out about our company and are saying he must attend a disciplinary hearing as he was working for them when the company was set up, but he isn't now. I believe they are not able to take out a disciplinary on an ex-employee, can anyone confirm this? He also has connection to the college from another education establishment, are the college able to stop him doing this job?

In terms of the material we are writing new material from scratch and I would like advice from anyone who can help us with what we should have in place to prevent any legal action from the college.

In terms of disciplinary from former employers, can they stop us in anyway continuing with the business?

Any advice gratefully received. Sorry I know it is a bit long and complicated happy to clarify any points.

[mariefab]

Re: New business

If his employment terminated on 1st April, no he doesn't have to attend a disciplinary hearing.
If he left on 1st April and is still on gardening leave, yes he does.

Did his contract with the College include a restrictive covenant or non-compete clause?

[edwardii]

Re: New business

Thanks for the reply, no it didn't. So the fact we registered the company in January while he was still working for them makes no difference?

[mariefab]

Re: New business

Not unless there's anything in his contract with the College suggesting that this wouldn't be allowed.