Breach of contract-void? Starting up on my own

[Nicky_Loves]

Hi folks.
Im just looking for some advice.
I was employed and long story short, I had already handed my 6wks notice in then a wk later my boss says I breached my contract..so does that make the whole thing void?
As I am starting up on my own and it did say in my previous contract that I wouldnt b allowed to advertise for 6months after I left..
Thanks xx

Sent from my GT-I9300 using SalonGeek

 

[NiCshairstudio]

Why is you boss saying you are in breach of contract, was this you can't advertise 6 months after leaving full stop or within a certain distance?

I don't actually understand what you are asking though. Just need a little more info i think. Xx

 

[AcidPerm]

Difficult to advise without all the facts.

Has the owner advised why they think you're in breach of contract? Are they using this as a reason not to pay your final 6 weeks pay?

The 6 month no advertising clause is probably unenforceable as it sounds too restrictive but it does depend on the actual wording. An owner is entitled to protect their business interests within reason.

Take a copy of your contract to the Citizens Advice or a similar organisation and get it checked. Some owners draft their own contracts and often they're poorly drafted and pretty worthless.

 

[persianista]

Most contracts don't allow. You to set up a rival business while employed. If you are in the process of setting up, then you are in breach of contract. It doesn't mean you can now totally disregard your employment contract though, it means that your employer can seek a damages claim from you for the damage you have done to their company through your actions, so my advice is tread very carefully.

 

[Nicky_Loves]

Im my old contract it says I am not to solicit clients, which is obv fine.
But one day my boss tells me "oh you can tell your clients your leaving..and I don't mind them following you"
Whixh I took to contradict the original contract.
When I told a client I was leaving and said where I wud b going and gave her my number, another girl who was on the beauty side of the business ran and told my boss.
Obv if he hadn't of said a word to me I wudnt of said anything to my client. Therefore he went mad said I breached my contract payed me what I was due and was told I want needed anymore..
So I am now trying to set myself up as self employed and obv need to advertise..but I didnt know if a breach then made a contract void.

Thanks

Sent from my GT-I9300 using SalonGeek

 

[Nearlyme]

So let me get this right.
Because YOU breached your contract you want to know if the whole thing in void and you are now free to do whatever you wish including advertising?

Short answer? No
Long answer? No way hosay

Sent from my GT-I9505 using SalonGeek mobile app

 

[Nicky_Loves]

Well thats where I dont think I did breach it. Bcoz HE told me I can tell my clients and he doenst mind them following me...and back to the original question, does a breach of contract void a contact! !

Sent from my GT-I9300 using SalonGeek

 

[persianista]

Well thats where I dont think I did breach it. Bcoz HE told me I can tell my clients and he doenst mind them following me...and back to the original question, does a breach of contract void a contact! !

Sent from my GT-I9300 using SalonGeek

No. It will just increase the level of damages he could seek from you.

 

[Nearlyme]

I answered you lol. Breaching your contract does not void your contract.

Sent from my GT-I9505 using SalonGeek mobile app

 

[sarahlou09]

6 weeks notice wow. If I could I would not have a employee that as access to customer details working after they have handed there notice in which is a week in my case.

 

[AcidPerm]

Well thats where I dont think I did breach it. Bcoz HE told me I can tell my clients and he doenst mind them following me...and back to the original question, does a breach of contract void a contact! !

Sent from my GT-I9300 using SalonGeek

No breach of contract does not void the contract. What it does is give him potential grounds for dismissal with no notice or pay.

The problem you have is proving that your boss verbally amended the terms of your contract allowing you to effectively poach clients.

He is clearly going to deny it. Even if other staff were around at the time he spoke to you, they are unlikely to support you if they want to keep their jobs.

I suspect your boss may have deliberately set you up. Particularly, as the beauty staff member told him straight after you gave your details to a client. Sounds like the staff were waiting for an opportunity to tell tales.

I think he probably wanted to get rid of you and avoid paying 6 weeks notice so the only way to do this is if you breach the terms of your contract.

 

[Nicky_Loves]

Thanks guys for all ur advice I appreciate it!
Well the girl who told him I didnt get on with anyway so I think she was waiting for an opportunity like that.
I am not a poacher and told him I wanted to help him find someone and make it as easy for him as possible bcoz im jst not a bad person so this whole situation has had me upset!
And I just recently heard a rumour that they are all tell ppl that I was handing my number out to all his clients......never have I evrr done that. Ragen!:sly:
X
Sent from my GT-I9505 using SalonGeek mobile app

 

[Amore Hair]

Speak to acas,

My partner was recently given a contract in which there was a clause - he could not work in an opposition company for 2 years - I spoke with acts - he is a qualified joiner as you are a qualified stylist - every one in the uk who is allowed to work legally can do so and no one is allowed to deny you the right to earn a living. So yes you may have a issue proving that he changed the contract verbally, and unless you can prove it you have breached your contract however he can not stop you earning money and as you are qualified in a trade that won't stand up, this is what Acas informed us. I would strongly recommend that you speak with them they are a great help. We never signed the contract and my partners now doing great on his own.

Good look in your self employment. Just be careful. Don't name drop your old salon employment as his can be seen to be trying to poach the clients,. Double check on the advertising and get your self out the, word will spread and if your clients want you they will find you legitimately.

A good stylist surely doesn't need to try and steal clients.