My daughter is employed as a massage therapist under a zero hours contract. The contract clearly states that she may work elsewhere. What is her position if (a) she begins to treat customers of her employer privately and (b) if her customers follow her to a different employer?
QLD Clients who follow you
- Thread starter David F
- Start date
Would need to consider what else in the contract may restrict what she does.
Morally (a) is wrong. Also, your daughter has a duty of loyalty to her employer and poaching clients can be considered a breach of this duty, and therefore potentially actionable by the employer.
wrt (b) as long as she does not solicit the customers and there are no contract clauses prohibiting her moving to another employer, she will be on safe legal ground.
Keep in mind there can be a fine line between solicitation and advising a client you are moving to another employer. She should not even hint at saying the client can follow her. So while a client is free to get massages where ever they want, your daughter is not necessarily free to say follow me.
Morally (a) is wrong. Also, your daughter has a duty of loyalty to her employer and poaching clients can be considered a breach of this duty, and therefore potentially actionable by the employer.
wrt (b) as long as she does not solicit the customers and there are no contract clauses prohibiting her moving to another employer, she will be on safe legal ground.
Keep in mind there can be a fine line between solicitation and advising a client you are moving to another employer. She should not even hint at saying the client can follow her. So while a client is free to get massages where ever they want, your daughter is not necessarily free to say follow me.
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