Can my company stop me from staying in touch with colleagues after I left?

[Cinai2]

I was working for a company on a freelance contract for the past few years. I’ve handed in my notice and the company boss wrote back to accept it and inform me of my obligations:

• do not contact any of their clients for a one-year period
• do not contact any colleagues for a one year period.

Now, the first point is fair enough, but can they forbid me staying in touch with my colleagues? The same thing happened when another colleague left some time ago, the company boss emailed me and others and said that she’s not permitted to contact us and that if she does, we should report it to them.

I would like to message a couple of colleagues to tell them that I’m leaving and to give them my personal number and email address so that we can stay in touch. I can only do this via company channels because we all work remotely. Will I get in trouble if I do this and it comes out?

Also, one of my clients has invited me to an event later this year, I’ve already explained to this client that I’m leaving and it’s been discussed that a colleague takes over working with them, but they said I’m still welcome to attend in a personal capacity. Can I do that?

MI5?

Are you all on LinkedIn? Could you use that for personal contact

It’s courtesy to let people know you are leaving and who they should contact in future so you could ask if you can send such an email. Colleagues will
possibly then ask you for your personal contact details

🤣
My industry is not exciting, just don’t want to give too much detail in case someone of this company is on here

That’s nuts. What if you were married to someone else at that company?!

You need to check the precise wording of any restraint of trade clause in your contract. When I left a previous employer, my situation was that I could not contact one of their clients to solicit them, but if a client contacted me and asked me to act for them I was entitled to say yes.

This. Or what if you were a flatmate or went to a conference or trade show and met them there? Are you going to run the other way?

That’s interesting and good to know!

What does your contract say? I guess they can do the reverse and tell your colleagues not to contact you. What can they do after you have left, they can't dock your pay or anything, but if it's all clearly stated in your contract I guess they could sue for breach of contract, but contracts have to be fair and reasonable.

I'm sure this requirement is just meant to prevent you from exploiting your former connections with the business to gain work that would have the effect of making you a competitor, or undermining their legitimate confidentiality about aspects of the business. E.g. to stop you poaching clients, or pitching ideas that have been developed while you were working with them.

I'd simply contact them to let them know that you want to continue friendship relations that have no business relevance. If they operate in an extremely competitive environment with lots of betrayals and secrets, they may express mistrust and prevent you from using company channels, but otherwise they may well say 'yeah, fine'.

That’s mad.

My boss set up 2 WhatsApp groups - current employees and everyone.

We talk in the everyone chat more than just the current one as it’s usually about meeting up on weekends etc and the ex colleagues are more than welcome.

I couldn’t imagine not talking to my ex colleagues!!

If you haven't left yet, why not just contact them now before you leave?

Then how could an employer know if you do, say whats app? They cannot prove contact is happening.

THIS.

Because they all work online so she can only contact them via the work email.
In a 'normal' workplace they would exchange personal emails/whatsapp numbers, but it seems a bit complicated here.

They can't and likely won't do anything I just wouldn't try to pinch clients and you should be fine. Not a lawyer btw so don't take my word for it. They don't get to control your social circle ...

In the past when you’ve all recieved these sorts of emails, what have the colleagues and you discussed with regards to the emails? If I got an email like that I’d be talking about it telling the others how pathetic a rule I thought it was and telling them if I ever left or they left I would happily keep contact.

Op I can’t see how they can stop you contacting associates on a personal level I would just let them know and say if anyone wants to stay in touch send you a text on x mobile then you are leaving it to them. They might have also been told the same thing but these people are adults with minds of their own. It’s more to do with the business side of things.

My then solicitor challenged a non compete clause in my exit agreement. Her argument was that I had "the right to trade". The other side didn't even try to challenge that.

I would ask them in exactly what capacity their no contact applies.

You can go to to client thing so longs as you keep the message stating its in a personal capacity. If ex employer tries anything you have proof it wasnt professional capacity and they cannot control your personal life. Same with your colleagues you can see them in a personal way but not and professional capacity.

This.

God knows why you are asking complete strangers on the Internet. And you're getting some terrible advice from people who don't know what was in the contract you signed and don't know the nature (and possible sensitivities) of your employer's business.

Do you have legal expenses insurance bundled in with your house insurance? If you do that will get you a consultation with an employment lawyer.

It’s really not that serious that I need lawyer involvement/advice. I was just wondering if sending a couple of colleagues a message that includes ‘let’s keep in touch’ and my personal phone number is a reasonable thing to do, and it seems it is, so I’ve done it.

If you're worried about contacting colleagues through official work channels, just get in touch through LinkedIn (I assume some if not all will be on there).

Regarding last point - how?

If they find out that staff are meeting OP or having social contact with her, they can take disciplinary action against them in the normal way. I'm not saying that it would hold up in an employment tribunal. That depends on their reasons. But employers do sometimes take actions that wouldn't hold up in an employment tribunal.