ADVICE PLEASE

[QueenVic]

Hello everyone. I am part of a large networking business. I have now discovered that the professional I had engaged to do our bookkeeping over the last few months is planning to start her own Networking Business. I have challenged her and she seems surprised that Im not happy. she also admitted that this has been in the pipeline for months, before I had asked her to do our books.
Surely this practice is not allowed?
She has had access to all my business contacts and how I run my business.
if I engage a solicitor, do I have a case?

 

[Newchodge]

Not unless you have a contract that prevents her doing this.

 

[Paul Carmen]

Most networking groups are open to all once you've paid any fees and sharing contacts/getting leads is what they are for.

Unless you explicitly have terms and conditions that forbid this, then its unlikely you have any sort of case. You would need to seek legal advice, but this isn't an NDA/commercial contract type situation, unless you had them in place?

 

[QueenVic]

I dont think I explained very well. I own a networking business, my accountant is now setting up her own Networking business after doing my books. The contract I had with her was for her to do my accounts, I didnt think I had to include that she wasnt allowed to set up a rival business. Does everyone have that contract with an accountant?

 

[Paul Carmen]

I see, is she not part of your networking group now?

If she has taken all your client details from your accounting process that's a different matter.

If its the first scenario then its going to be difficult to do much, if its the latter you would normally be covered by some type of confidentiality/data protection clause (if it's in the contract). Is she a member of any bodies; e.g. a chartered accountant etc.

You'd still be best to seek legal advice.

 

[Newchodge]

Is she an accountant, registered with a professional body, or a book-keeper?

She should not use your data ie copy your records for her own use. You cannot stop her using whatever is in her head.

 

[QueenVic]

She is a Bookkeeper.

 

[Mark T Jones]

If you can prove that she has talen confidential data and used it for her own gain then you might have a case

You can start by sending a cease and desist letter and gauge the response

In reality, how much time, effort and money are you prepared to put into this?

 

[QueenVic]

Does it make a difference if she is a bookkeeper or an accountant?

 

[Newchodge]

The only difference is that if she is an accountant and a member of one of their bodies, you woukld have a letter of engagement which may include something to cover this issue, or you could ask the professional body for advice.