Former staff member contacting clients

[fairydusting]

Hi, I'm UK based and wondered if anyone had any experience and/or advice on staff members who leave and then start approaching salon clients offering nail and beauty services, the clients are not even her clients they are being looked after by other current staff members - her contract does have post termination restrictions ie. not to poach salon clients - any advice?

 

[BannerPenguin]

Was this member of staff employed or self employed?

 

[beautyxperts]

If it was in her contract of employment then she has broken it - whether or not she is still with you. Seek legal advice, if it's affecting your business then you should do something, possibly a solicitors letter of warning about it usually clears it up.

 

[fairydusting]

Was this member of staff employed or self employed?

She was employed full time

 

[fairydusting]

If it was in her contract of employment then she has broken it - whether or not she is still with you. Seek legal advice, if it's affecting your business then you should do something, possibly a solicitors letter of warning about it usually clears it up.

Thank you, that's what I feel like doing as it will affect my other staff members and their targets etc. I have texted her to be mindful of her post contract restrictions. It was one of my other staff members clients who told us today that she had been approached, she is now worried about client confidentiality and data protection . She has also set up a FB beauty group and is adding staff members...needless to say that they are not impressed especially as she is trying to poach some of their long standing clients! I know clients will go where they are happiest...I think I just needed to offload.

 

[Baggybear]

Was the contract drawn up by a solicitor?

 

[fairydusting]

Was the contract drawn up by a solicitor?

It's a contract from the Barclay's business site

 

[Baggybear]

I ask because a lot of clauses that get put into contracts are not actually enforcable, seek legal advice and if it is enforcable then send her a cease & desist, but be prepared to be told you can't do anything as there are few contracts that can actually be enforced after the person leaves your employment.

 

[Loubielou74]

I've just had similar happen. A stylist left. Let all her clients know by taking their numbers from our computer system. Text them 'hi I'm not working from ????? Any more but I can still honour your appointments at ???"
I had a solicitors letter sent they did it for free too. But he did say I can't stop heropening her salon 300metres down the road but you can go to the police as its data protection.
If she is approaching clients it isnt right as she is using the client list for that business x

 

[Baggybear]

I've just had similar happen. A stylist left. Let all her clients know by taking their numbers from our computer system. Text them 'hi I'm not working from ????? Any more but I can still honour your appointments at ???"
I had a solicitors letter sent they did it for free too. But he did say I can't stop heropening her salon 300metres down the road but you can go to the police as its data protection.
If she is approaching clients it isnt right as she is using the client list for that business x

It's only a data protection issue if the info was taken from the salon. If someone has just looked up the clients on facebook or seen someone in the street and told them where she is working now then it is not data protection issue and there is nothing that can be done because these are people and they can choose where to go, they don't belong to any one salon or therapist.

 

[fairydusting]

I ask because a lot of clauses that get put into contracts are not actually enforcable, seek legal advice and if it is enforcable then send her a cease & desist, but be prepared to be told you can't do anything as there are few contracts that can actually be enforced after the person leaves your employment.

Hopefully, my contract is ok. Ideally, she will take note of my text reminding her of her contract, I really don't want the situation to turn into something nasty.

I've just had similar happen. A stylist left. Let all her clients know by taking their numbers from our computer system. Text them 'hi I'm not working from ????? Any more but I can still honour your appointments at ???"
I had a solicitors letter sent they did it for free too. But he did say I can't stop heropening her salon 300metres down the road but you can go to the police as its data protection.
If she is approaching clients it isnt right as she is using the client list for that business x

Thank you, that's really encouraging, so sorry that this happened to you too. I can't believe that people do this, we all did everything we could to support her as a team member and help her career, training, support and confidence building - just to be slapped in the face.

 

[Loubielou74]

I know I trained her up to a cracking standard. And she was constantly moaning about how little she was paid. Since leaving she's told so many lies about me. How Ive put my prices up to a ridiculous price and wasn't putting her wages up. And how I under paid her and gave her no bonus'. But clients have believed her, or felt sorry for her. It hurts we are human and people after all not just bosses and employers xxx m salon is my first baby. My second one (daughter) is 11 1/2yr old lol xxx

 

[Carolineh]

Hold on... Did I write this post 6 months ago?! [emoji51] I literally feel your pain! I feel like I'm just about getting over it now...

 

[Sequins4]

This happened to us as well, it's a horrible situation, the girl who did it to us had been with us 10 years and she was like part of our family so was a right stab in the back when she poached clients and used data off our computer to contact them, our clients let us knows she was contacting them.

Hopefully she's listened to your text, it's not a easy situation to be in though, completely understand where you're coming from xx