Enforcing a non-solicitation Agreement

Log in to reply
R

Rohitmr

Free Member
Feb 11, 2008
3
0
  • #1
    Hello,

    I need some help in finding out if this clause is valid and what are the consequences for the company breaching this clause

    "Both Parties undertake that, during the term of this Agreement and for the period of twelve (12) months following its termination or expiry, neither Party shall directly or indirectly, by means of an agent or otherwise (and whether for itself or for the benefit of any other person), solicit or endeavour to solicit any officer or employee of the other Party to leave his employment. "

    My customer who has signed this agreement is now trying to solicit an employee without our knowledge and permission. Is this enforcable and can I bring them to task?

    What are the UK laws governing this. My company is based in India while the offending company is in the UK. We have UK jurisdiction on this Agreement that was created by a lawfirm that is approved in both countries.

     
    R

    Rohitmr

    Free Member
    Feb 11, 2008
    3
    0
  • #3
    Thank you Indizine for the quick reply

    What should I do in this case. Need some quick advice... We are planing our next move...

    Send them a Legal Notice and ask them to back off first ?
    Start Legal processing immediately ?
    Do I need a UK Lawyer to take up this case?

    Thanks in advance.
     
    Upvote 0
    I

    INDIZINE

  • #4
    Usual step is to send a polite reminder of the enforcement of the agreement. Id avoid threats at this early stage so as not to antagonise the situation. Only move to that step if they do not respond positively to your request. Then at that point you might need a lawyer.
     
    Upvote 0

  • #5
    I am very curious to find out if this type of clause can be enforced.

    I have in the past been concerned that a client will want to employ one of my employees directly, in particular when that employee is spending a lot of time at a clients premises.

    I was actually approached myself by a client who did not realize it was my business as I normally present myself as a sales rep and so on.

    I would also think that it could be an idea to write into the employment contract with your employee that they can not work for a client on the basis that they would be exploiting your relationship.
     
    • Like
    Reactions: Rohitmr
    Upvote 0
    Antonia @limeone.com

    Antonia @limeone.com

    Free Member
    Jan 28, 2006
    1,703
    141
    Chester
  • #6
    A letter outlining the clause and the date of the agreement at this stage can be sent by you, if they fail to respond then you can then instruct lawyers in the UK. In most cases you have to weigh up the costs of enforcement which is just money damages to you for the breach. Ideally tailor these clauses with similar ones in the employee contracts and also clearly outline in the agreement to the client a financial amount for breach so there are no arguments if there is a breach.
     
    • Like
    Reactions: Rohitmr
    Upvote 0
    R

    Rohitmr

    Free Member
    Feb 11, 2008
    3
    0
  • #7
    Yes I agree. One thing we probably should have done is had a financial amount put in there right at the beginning. The issue is that each employee working on the team could have a different value and it would have been tough to take an average.

    We obviously have employee contracts in their offer letters itself to make sure that such a position does not arise. Also based on other information, its unlikely that the UK company would not have weighed the consequence before taking a step like this.
     
    Upvote 0
    Log in to reply

    Latest Articles

    Join UK Business Forums for free business advice
    Top Bottom
    Community
    Articles
    Menu