[mccleaning]

I have a client that wants to take my cleaner, he has signed an agreement to say that he can’t take a cleaner for 18 months if he finishes with M C Cleaning. He said he is going to look at the legal issues and has formally cancelled but still wants to keep the cleaner. I can’t afford a solicitor but would like to know what I can do?

I haven’t bothered the cleaner with this as I know she will go with the client as they are a good job for her, they own a airline company and football club and I know they treat her well.

Thanks Mary

www.mccleaningservice.co.uk

[cleaning-team]

I have a client that wants to take my cleaner, he has signed an agreement to say that he can’t take a cleaner for 18 months if he finishes with M C Cleaning. He said he is going to look at the legal issues and has formally cancelled but still wants to keep the cleaner. I can’t afford a solicitor but would like to know what I can do?

I haven’t bothered the cleaner with this as I know she will go with the client as they are a good job for her, they own a airline company and football club and I know they treat her well.

Thanks Mary

www.mccleaningservice.co.uk

IMO 18 months is excessive and a court would rule so - bearing in mind he owns an airline and a football club it sounds like he has deep pockets, can you afford to go up against him in court? Maybe try talking to him about the financial loss you are going to experience by losing a cleaner and see if he will compensate you in some way - maybe a months full payment as an idea.

[pristineclean]

There are two legal issues here which are worth considering but more facts would determine the extent to which each applies.

The first is the TUPE issue; you should clarify with your former client that they intend to honour their TUPE obligations in respect of the cleaner since they are presumably bringing the work which she did for you 'in house'. This established, you then have a clear basis on which to make a claim for any loss which you may incur in losing your employee to a former client.

I'm inclined to agree with the view that 18 months would be viewed as excessive by a court in terms of a restrictive covenant but I don't think that this necessarily negates the principle as a whole and I believe that a claim based on the costs of recruitment, interview, training and development of your staff would be reasonable given that this large company have deprived you of a business asset.

It comes to what you want, really. Proceeding with a claim (which I would imagine to be within the boundaries of the 'fast track' procedure) might jeopardise the future employment of your erstwhile employee which would be a pity but you have a right to earn money as well and the actions of the company aren't particularly friendly.

[gordonswindows]

No matter what you do if she wants to work for him and he wants her it will happen

Ask what reaally bothers you

Is it the money she earns for you or is it a power thing

Tell him it will cost him a months payment and move on

Then there are lots of way to get your own back.............if you know what I mean

Also remember to learn your lesson,don't send the same cleaner each time, yes the client wants that but if you are good enough all your staff should be able to provide an equally good service, rotate them it is a benefit in many different ways

Don't just send the same cleaner be use it makes your life easier

Easy is not best.........it is the difficult decisions that are usually the right ones