Advice needed

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Tvo2901

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Aug 17, 2018
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Wiltshire
Hi, I’m a self employed therapist, I run my own mostly massage business and pay a % to use my room. I work (alongside)an osteopath, not sure that’s the right terms. basically a osteopath used my room originally he moved locations and I took over the room. He recommends me when his clients would need a massage rather than his treatments. He does some advertising for me on his website (rare these days) and I run the business under my business name, my consultations are in my business name, signed by my clients. He provides the massage bed and towels and some oils. Everything else is my own. I also do my own advertising ect and bring in clients myself it’s not purely through him.

My dilemma as such...

He drew up a contract at the start which was over a year ago now, I stupidly don’t know much about the legal side etc and signed away.

I have been given the opportunity to have my own room, the overheads are a lot cheaper in comparison to the 40% I pay. My contract states my clients can’t see me for a year when I leave.
Said contract isn’t at all professional it’s a statement of agreement. Copied and pasted off the internet.

Would that be the case??? Can they not choose to follow me?

He doesn’t have an alternative therapist it’s just me.

I’m self employed are they not “my” clients?

It’s my business name. My consultations, my treatments they come for over and over again.

Does this contract mean anything. Don’t think he was very clued up on it either tbh.

One thing it also states is the contract is to be reviewed and agreed by both myself and him every six months that’s never happened. Is that a breach of contract!

Sorry about all the questions I don’t want to end up being sued and I’ve tried to talk to solicitors. They want £220 plus vat per hour and I don’t have that kind of money :( no one will give me the free 30 mins for business matters either and CAB were useless.

I’m a mum of 4 beautiful kiddies trying to build a future for them and feel like 40% is too high for the overheads he has. I’ve asked him to lower he refused and said he wants 50% soon. This new room would make us so much better off.
 
Your first port of call should be your professional body, they will have dealt with this situation many times before and will be able to give you great advice.

Whilst I'm no legal expert, if you're self employed then he has no control over your client base, you simply rent a room from him. Serve your notice and leave. Do not have any discussions with him about your future business or personal life and walk away gracefully.
 
You’re self employed so he has no control over your business at all. He’s simply your landlord in this relationship and he has no ownership of ‘your’ clients.

Just because you signed something doesn’t mean you are bound by the terms. A restrictive covenant will only be enforceable where they go no further than is reasonably necessary to protect the employer's legitimate business interests.
In this case, 1. You are not an employee, so case closed.
Usually it’s the second part where most employers come unstuck as it’s difficult to prove legitimate business interests when clients are free to move between many therapists/hairdressers/beauticians.

Walk away and ignore his bluster.
 
All the above.

Good luck x
 

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