Poaching customers from old employer

murphthesmurf

Hi all, thanks for reading.
I'm toying with the idea of starting up on my own. I would be doing the same work that I am currently employed to do. My employer has a clause in my employment contract that says if I leave I am not allowed to approach any of their customers. How enforceable is this? They are a large company with a big market share, avoiding them significantly reduces my number of potential customers. Doesn't this go against the basic principles of a free market economy? I would have an unfair advantage I suppose as I know how much my employer charges, so makes it easier for me to undercut them.
I could maybe get around it by putting an advert in a paper with an email address, then anyone I approach I could get them to send me an email requesting a quote.
Thanks

GM228

murphthesmurf wrote: »

My employer has a clause in my employment contract that says if I leave I am not allowed to approach any of their customers. How enforceable is this?

Have a look at this post:-

https://www.boards.ie/vbulletin/showthread.php?p=110679633

GerardKeating

murphthesmurf wrote: »

My employer has a clause in my employment contract that says if I leave I am not allowed to approach any of their customers. How enforceable is this? They are a large company with a big market share, avoiding them significantly reduces my number of potential customers.

You certainly cannot (morally at least) use any Proprietary infomation from your current employer, so (for example) harvesting emails/phone numbers before you leave would be wrong.

But advertising and letting them come to you should be ok. Given your current employer is a "LARGE COMPANY", then might have the resourses to tie you up on court over this.

Lenar3556

You would be advised to speak to a solicitor and get legal advice specific to your individual situation.

Non- compete clauses like you describe are not absolute and have regularly been struck down by the WRC and superior courts. However using customer information which you have access to in the course of your employment to solicit customers would likely amount to a serious breach of trust, and give rise to a variety of other issues and I would strongly advise against.

If you do decide to take the plunge, an advert along the lines of what you describe might be more appropriate.

murphthesmurf

Thanks for the replies.
It's not so much that I would deliberately be stealing information on pricing, but I have seen the prices so many times that I know most of them from memory.
If I did decide to take the leap from the frying pan, I want to be sure not to land in the fire!
I've some research to do next regarding startup grants etc.
Thanks again.

Peregrinus

murphthesmurf wrote: »

Thanks for the replies.
It's not so much that I would deliberately be stealing information on pricing, but I have seen the prices so many times that I know most of them from memory.

Information about your employer's business which you have because of your position as an employee belongs to your employer. It make no difference whether you hold that information in a memory stick or in the memory in your skull; it's not your information but his, and you can't use it for the purposes of your new business.

Publicly available information about pricing is a different matter. If your former employer has a publicly-available price list, for example, or if his prices are generally known in the market you can certainly have regard to the prices he charges when making your own decisions about pricing.

salamiii

no compete Clause


https://employmentrightsireland.com/tag/non-compete-clause/