Restrictive covenants and threatened with legal action.

[OS2020]

Please can someone advise me on a situation with a previous former employer? I will try to keep it brief and simple.

I left my position with the former employer (A) in December 2020. I started a temporary 6 months contract (B) in the same industry in January 2021 and which ended in June 2021. At the end of July 2021 I began employment with a new employer (C), again in the same industry.

A former colleague from the first former employer company (A) applied for a position within the same company as I now work with (C), closely followed by two others. I did not interview any of them but I will be the line manager for two out of the three people concerned.

I have received a solicitor's letter from company A alleging that I have breached restrictive covenants by basically inciting staff to leave, they have also referred to stealing company information which I believe refers to employee details which has allowed me to contact them. They state they have evidence of me contacting a number of employees inciting them to come and work with me. None of this is true so they cannot possibly have evidence. The solicitor has also written to my current employer sharing their allegations and accusations with them.

I left this employer over 9 months ago and have had another job (B) prior to this one (C). There are restrictive covenants in the contract (which I have not breached) but there is no timeframe so it is unclear as to how long the restrictions are in place. It's a standard contract that is given to all employees regardless of position.

The former employer (A) was aggrieved when I left and made my final weeks hell. Their business has suffered since I left as a result of poor management. I feel that due to this they are lashing out at me BUT I have done nothing wrong. I haven't contacted ex colleagues and asked them to leave and I have not stolen or shared confidential information with anyone. The letter I have received is demanding I admit liability and give them the names of ex colleagues I have contacted, confidential information I have stolen and names of organisations I have shared the information with. But I can't admit what I have not done.

I haven't engaged a solicitor yet as I was hoping not to have to, but I am wondering, as they are stating breach of restrictive covenants, how is a person supposed to know they are in breach if the contract doesn't state how long the restrictions are in place?

Also, in addition to the above, I was not provided with a company phone and was expected to use my personal phone for work purposes. Staff had access to my number but I only had access to theirs if they called me. I was also not provided with a laptop or PC and expected to use my own, so naturally I was in possession of company information whilst I worked there. I reset my laptop to factory settings on the day I left.

Any help and advice gratefully received. I'm just completely dumbfounded at the fact that such aggressive allegations can be made when they cannot possibly have evidence of said allegations as I have not done what they are alleging!!

Many thanks in advance

I really want to reply on your behalf:

"Do fuck colleagues have left because you were a crap employer"

@RandomMess I will hire you to write me that letter!

Thank you everyone, I do appreciate your advice and it has certainly made me feel better.

Just to reply to a couple of points so you are fully informed, I checked my household insurance and unfortunately I don't have legal cover. I have also checked with the colleagues who have joined the current company, none of them have been given a copy of a contract. Two recall signing a contract when they first started but they weren't given a copy for their records.

I would love to send them a solicitors letter but to be honest, at this stage I would rather save my money should I need it to defend a court case. Hopefully it will not come to that. My current employer's solicitor is responding to them in such a way that she is hoping to get it shut down, so fingers crossed she manages it.

My thoughts are that not only are the allegations malicious but the ex employer is wanting this to cost me money, they are wanting me to go to the expense of employing a solicitor. I did respond briefly when the first letter was sent, simply denying all allegations but stating I would defend any false allegations brought against me in court. However, they refused to accept this and sent a second letter almost identical to the first demanding that I admit liability, send them details of all staff members I have contacted and who I have shared sensitive/confidential information with, etc also, they demanded I say I won't do it again. I've not replied at all as I'm not stupid enough to admit to something I haven't done or promise not to do again what I didn't do in the first place.

The first letter they sent was awful, very threatening. The one they sent to my employer actually stated " knows full well what she has done" The second letter, although it has very similar content was written in a more persuasive rather than threatening way 'all my client asks is...> that I admit everything and say I won't do it again.

You don't even need to have a solicitor reply. You can just reply that if, which you dispute there are restrictive covenants within your contract of employment with them, you deny that you have breached them.

Your ex employer is wasting a load of money on shitty legal advice which will only damage their reputation as well as their bank balance.
Laugh and ignore.
Or ask your current employer to frame the letters and hang them in the office

If they were shitty to you when you left they were probably shitty to the two colleagues who are now at your current employer. Sounds as though they may be a small company and the owner/boss is in denial about the business's issues and looking for someone anyone but themselves to blame.

Thank you again everyone! Especially for the humour

@WeAreTheHeroes You have hit the nail on the head. 100%.