Re: compromise agreements


"SH" <shaun.holt@xxxxxxxxxxxx> wrote in message
news:1148929544.235912.169980@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Can anyone help me with a small query - i left an employer last year
and made a compromise agreement with this employer and in the section
under confidential info - it says not to use, divulge or communicate to
any person firm or company or make use in anyway any confidential
information of the company which includes the list of customers,
suppliers, prices or other sensitive info.

i have since set up my own business supplying the same and similar
products to customers and although i have approached some of my
previous contacts to let them know what i am doing i have not sold to
any yet.

i have also gathered a small database of customers of my own through
advertising.

I have now recieved a letter from a solictor threatening an injunction
saying i broke this compromise agreement by contacting my ex-employers
contacts with a view to supply them goods.

i did not keep any records or info when i left and only used info that
is in my memory -

is this breaking that agreement by offering the contacts products my
ex employer doesnt do and is it only breaking it with the products he
does do (if that makes sense)

i could pull the products from my website/catalogue and say i wouldnt
approach with them products but surely he couldnt stop me from using my
knowledge of the industry to gain customers with a different product.
also the customers i have found since starting this buisiness which
would be new customers can he stop me supplying them with the same
products as my ex employers

It is quite likely that the agreement constitutes an illegal restraint of
trade. In any case, commercial information, particularly customer lists, are
generally thought to be of very limited value after about six months. You
really need to take the original agreement and the letter to a solicitor of
your own, to get more specific advice.

Colin Bignell


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