Leaving an accountancy firm

[Bass29]

If I'm leaving an accountancy firm, and personal tax clients have said that they want to retain me as their accountant in a personal capacity rather than remain with the accountancy firm, how does this work in practice with a restrictive covenant in my employment contract? This clause says that I am unable to solicit or approach clients for work for six months after my termination date, and am not allowed to have any dealings or engage in work in an competing business for six months.

I want to ensure that I do not contravene any of these restrictions. Does it make a difference if a client approaches me on finding out I am leaving and requests that I act for them? I am going to work for much bigger firm, and this small client will not want to move to a big firm, so I am wondering if I can act for a client who has approached me, or need to wait six months before I can provide any services?

Any help or advice would be gratefully received.

[webmaster]

This is a legal, not a tax question.

[Bass29]

Is there a general section to post such questions for advice?

[webmaster]

No, there isn't. Tax Tips Forum is about tax tips. We are considering adding a general discussion forum in the future.

[Bass29]

Would you please leave it open for other users to comment on as this must be something that people have come across, and some of the questions are sometimes on practice-related questions I think. Many thanks.

[Balmain]

Dear Bass29

Why not make them an offer for the fees?

Are you planning on keeping the car, phone, laptop as well?

Balmain

[Bass29]

It may be just the one client who wants to come with me. Just wondering if I am allowed to work for the client if they approach me rather than me approach them, or if I need to wait six months before acting in any event?

No car or laptop relevant.

[CDavey9501@aol.com]

I'd thread very carefully on this one. Apart from the restrictive covenant there may also be a conflict of interest. If I was your current/prospective employer I would take a very dim view of this unless full disclosure was given and permission sought. You also have the rules of your association to consider.

Just a thought.

[Balmain]

Well said CDavey9501@aol.com.

The car laptop quote was meaning do you think you can keep these for free also!!!

Do as you wish but by posting hear you are showing intent to taking clients.

Balmain

[JC4Lab]

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