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Confidentiality agreement.


steve@black
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As per title does anyone here have to sign one or is it standard practise among others to not pass on company imformation or work for customers they have met whilst working for you . (Had a bit of an issue ) comments please

 

Your having a laugh, aren't ya mate?.....Company information might be a "no-no". But working for customers that they met whilst working for you. That's how most of us (I would say) started on our own. In what ever trade we do.

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These type of clauses can be standard in some sectors, a mate of mine changed jobs recently and got a solicitor s letter after he left reminding him of the fact. So being an honourable chat did nothing to poach customers, 6 months down the line and nothing but word of mouth about 80% of is old bosses customers now use him rather than his boss. Mind you his boss was a plonker!

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Your having a laugh, aren't ya mate?.....Company information might be a "no-no". But working for customers that they met whilst working for you. That's how most of us (I would say) started on our own. In what ever trade we do.

 

It might be how some started on thier own but its still an instant dismissal offence for Paye employees, i.e. no warning required, out the door instantly. And you dont need to sign anything to say you agree with that or not, but some employers might get you to sign something just to make sure you know exactly where you stand.

 

Of, course if you dont get caught its ok, same as anything else.

 

The for non paye i.e. self employed/labour only/subbies call them what you will, there are no regulations to abide by but the employee can simply decide to not give you any more work if you keep making new customers for yourself while on his time.

 

The honorable thing to do would be to act as a representative for the company you are working for, hand out a business card or price it yourself and give the boss the required information so he can send a quote. This of course should be rewarded with a percentage bonus providing the work gets done in a timley fashion, i.e. if you price it half a day and it takes all day your not going to get a bonus and future pricing that you do might not be taken seriously.

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Freinds of mine doing work like web design and such like would all be sacked instantly if they took work for themselves that they got offered while on company time.

 

If I ask them in the pub to do something for me then thats different. Still a sackable offence, if the company found out and were of the mind to get rid of the person, but less likely to be found out and much less dishonorable.

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I am assuming you are employed rather than self-employed.The not passing on company information part is fair enough. The other part about not doing work for their customers, assuming it is after you have left the company, is a restraint of trade and as such is prima facie void. In other words, it is up to them to prove it is reasonable( yes, it's that word again! :biggrin:) and if there are not sensible terms to define it, it won't be worth the paper it's written on. Of course, if you have taken a client list with you and actively touted for business then the courts probably wouldn't look kindly upon you but if they have approached you then business is business. :001_smile:

Edited by felixthelogchopper
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It might be how some started on thier own but its still an instant dismissal offence for Paye employees, i.e. no warning required, out the door instantly. And you dont need to sign anything to say you agree with that or not, but some employers might get you to sign something just to make sure you know exactly where you stand.

 

Of, course if you dont get caught its ok, same as anything else.

 

The for non paye i.e. self employed/labour only/subbies call them what you will, there are no regulations to abide by but the employee can simply decide to not give you any more work if you keep making new customers for yourself while on his time.

 

The honorable thing to do would be to act as a representative for the company you are working for, hand out a business card or price it yourself and give the boss the required information so he can send a quote. This of course should be rewarded with a percentage bonus providing the work gets done in a timley fashion, i.e. if you price it half a day and it takes all day your not going to get a bonus and future pricing that you do might not be taken seriously.

 

I'm with ya on the honourable thing to do. And when I'm subbing I would not dream of doing anything else. But it's a dog eat dog world out there.

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After you have left is a different matter, I agree. But if you got the contacts while at the company and that was the reason you were sacked then thats fair enough. Of course your then going to follow up those contacts as you need the work.

 

If you leave employment by choice, and then customers contact you then thats fair enough. Thats pretty much what happened to me but one of the customers was the LA who preffered to deal with me than my old company (boss was a knob, like mentioned above) so they encouraged me to get on board with them and the rest is history. I got no end of abuse from my old boss but legal action was not taken and wouldnt have helped him, and I never felt guilty for a second.

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