Stealing Work

[Kent]

That's how I understood the rules, I always worked in factories and on a wage but if you are working for one employer you are classed as an employee in the government's eyes or for HMRC purposes.

Not always as a consultant provided you are not on any basic or retainer your fine
Many have set up separate limited companies to achieve this but honestly I did it for years without
Just you must forfill the criteria correctly

 

[NickyEng]

The main part of these contracts is to instil fear. In British law you can't sign away your normal rights and you cannot restrict somebody in future employment self employment or PAYE
Got to say it takes guts to break them but they can be, might want to seek advice first mind you from a contract law solicitor

There are some bad employers as well as bad employees it swings both ways. Like I said my last employer was a nightmare and I ain't forgotten about it....

 

[skotl]

The main part of these contracts is to instil fear. In British law you can't sign away your normal rights and you cannot restrict somebody in future employment self employment or PAYE
Got to say it takes guts to break them but they can be, might want to seek advice first mind you from a contract law solicitor

That's not entirely true. A contract is a contract unless it materially infringes on your rights or is discriminatory.
I speak from experience as the company I work for has gone after ex employees and either won substantial damages (poaching of customers) or had job offers rescinded. Not pleasant (and this kind of behaviour is one of the many reasons why I'm currently working my notice) but I can assure you that these kinds of clauses can be enforced.
That said, I agree that instilling fear is the primary motive - I won't be breaching either of these terms after I leave. Life is too short for that kind of stress.

 

[Richard.]

As Pete rightly said I wouldn't of seen them finish the day's work after I found out they nicked that box. Stealing work is fair game and part of life, new competition if you like but stealing people's belongings is just scum and the worst thing you did was pay for there crime and keep them on. If they have the ability to steal others equipment I'm very surprised they didn't screw you out of a few quids worth either. Scum of the earth imo. I've been on the receiving end of theft and I lost a lot.

 

[brightspark]

[-all the-lads ive had work-- for me get well looked after as long-as they play the white-mans-- game but if anyone nicked anything that would be it penny or a £ its the principle of- it and there history

 

[Hitch]

Doesn't sound like they'll do well if all they can do is fit a handrail return!

 

[brightspark]

they might get laid off and crawl back to u . if they do lead them on then tell them to leave ending with the -word off

 

[oilcooled :)]

On the other hand the big wheel keeps on turning

 

[1192simon]

Remember we are only speculating purely on the information that the OP has given us, perhaps there is more to the story....
At the moment all fingers seem to be pointing at the guys whom left, isn't it equally possible that it is the other company that has instigated the move? Offering the guys a tempting deal purely to gain their skills and product/working knowledge for the company's own gain and cutting out the OP's company?

you have hit that right on the spot..... But, cos i still have guy on for that company. I dont want to end up with nothing, so i have accepted it.

 

[1192simon]

On the other hand the big wheel keeps on turning

Keeps Turning , True.. But go and find your own customers if your that good at your job, is what i have always done.. Could never have the councious to steal another mans work , who has built up a good 5yr relationship with a customer, Only my opinion. Thats why i put it up here. To hear different opinions from people. Thanks guys.. its going really well so far.. Thanks

 

[julianf]

This is what im instantly thinking -

If, when they worked for you, they stole stuff, and couldnt even manage their own wage packet from week to week, then, lets face it, theyre never going to hold down the contract that theyve taken from you.

Keep in touch with the company, in a professional manner, and just wait for them to mess up - then youll get it back.

 

[F.J.]

Keeps Turning , True.. But go and find your own customers if your that good at your job, is what i have always done.. Could never have the councious to steal another mans work , who has built up a good 5yr relationship with a customer, Only my opinion. Thats why i put it up here. To hear different opinions from people. Thanks guys.. its going really well so far.. Thanks

Unfortunately, there are no friends in business. When it comes to more money, your never going to win. In all honesty, when I went self employed I subbed myself to someone I knew who was once a mobile welder like me but wanted to become more of a middle man, taking on jobs and giving them to me. He messed me and a particular customer about once too many times so in the last occasion I went to see the manager who set up the contract with my pal and offered to cut out the middle man and I'd become their main work provider. They are now my biggest customer.

I'm not saying you did anything wrong but where there is an opportunity, it's going to be taken at the quickest convenience

 

[Pete.]

Keep in touch with the company, in a professional manner, and just wait for them to mess up - then youll get it back.

This is good advice. Stay professional and you'll be treated as one.

 

[brightspark]

a few good young lads ive trained over a couple of years have gone and -got full time jobs doing very well. I couldn't afford to keep them on full time so back to -on me own now and just employ the odd subby

 

[Kent]

That's not entirely true. A contract is a contract unless it materially infringes on your rights or is discriminatory.
I speak from experience as the company I work for has gone after ex employees and either won substantial damages (poaching of customers) or had job offers rescinded. Not pleasant (and this kind of behaviour is one of the many reasons why I'm currently working my notice) but I can assure you that these kinds of clauses can be enforced.
That said, I agree that instilling fear is the primary motive - I won't be breaching either of these terms after I leave. Life is too short for that kind of stress.

Civil stuff can always go either way that's why you need a good brief as in my reply
I sold a company and had a clause stopping me re entering the trade
Guess what I did

 

[mcostello]

I work for a boss, can't please Him, I would be fired, but I show up for work everyday, learn everything possible, work nights,weekends do anything needed. Am self employed.

Mod Edit: Language

 

[NickyEng]

I work for of a boss, can't please Him, I would be fired, but I show up for work everyday, learn everything possible, work nights,weekends do anything needed. Am self employed.

I have had that before... I'd say can you not arrange for him to have an accident but then you'd maybe have no job so probably not a good idea lol...

 

[ajlelectronics]

Just the same here. I have a really bad back but the boss still expects me to come in and do all the things I have to do every day including weekends! Still better than being an employee though I suppose.

 

[winchman]

In my experience even if its written in a contract it would be very difficult and costly to enforce, it can fall in to the realms of an Unfair Contract and just be dismissed, but it would cost a few quid to fight / enforce.
I might be wrong but are the other firm not cutting the middle man out by taking them on and eventually ditching you?

 

[Farside]

I even got into massive trouble with a company they worked for , where they stole a brand new sitebox belonging to someone else from site. That cost me £450 . I just feel proper ****** off over it all .

Don't bother too much about it. If they stole tools or equipment from somebody whilst being subbies for you, it won't take long before one of them or all three do something similar for their new employer. Poetic justice will ensure their feet don't touch as they leave the site and employment. Keep your ear open and simply refuse them re-employment for two reasons - stabbing you in the back, and being thieves.
Gawd, I HATE tool thieves; can you tell?

I work for a boss, can't please Him, I would be fired, but I show up for work everyday, learn everything possible, work nights,weekends do anything needed. Am self employed.

I've done a lot of work for that so-and-so, too. He's an utter pain in the donkey.