freelance (self employed) physio leaving job

[HelBel65]

Hi all

I have a question for a friend who works as a physiotherapist in a private clinic on a freelance basis. He is self employed and works at one or two other clinics too.

There is a clash of personality between him and the owner of the clinic (also a physio) and he would like to leave the job. Contractually there is nothing to stop him, but he has a long client list built up over some years - all are people who come to him personally, and would follow him to another clinic, distance allowing.

Where does he stand regarding contacting his clients and informing them he's moving elsewhere? He doesn't actually have the list himself, that side of the job has always been handled by the reception staff, so he would need to go looking for it, so to speak.

Any thoughts appreciated. TIA.

[dealtn]

Any thoughts appreciated. TIA.

What does the contract say?

[HelBel65]

Any thoughts appreciated. TIA.

What does the contract say?

The contract is a 'standard associate agreement' that covers this type of employment industry wide. On the subject of confidential information, it refers to patient records - clinical information - being the sole property of the business owner, but not specifically contact details. It looks a little grey to me.

[dealtn]

Any thoughts appreciated. TIA.

What does the contract say?

The contract is a 'standard associate agreement' that covers this type of employment industry wide. On the subject of confidential information, it refers to patient records - clinical information - being the sole property of the business owner, but not specifically contact details. It looks a little grey to me.

I would suspect the clients belong to the business, but in practical terms it is the clients that decide who they will do business with. It is a shame amicable departure doesn't look to be an option. In the absence of a specific "non-compete" clause it will be grey and dependent on how the business owner reacts.

My overlap is small with this industry. We have let a freelance physio go on good terms to a better job in the past, but retained the clients we wanted. It's complicated to explain as half the clients were our employees, or equivalent, too, so had no effective choice. Plus she lived about 50 miles away so we didn't retain our "local private" clients, neither did she, but she kept her "local private" ones without us caring.

Do you know if there is a professional trade body that might help and advise (or ultimately mitigate a business dispute should it arise)?

[Chrysalis]

Any thoughts appreciated. TIA.

What does the contract say?

The contract is a 'standard associate agreement' that covers this type of employment industry wide. On the subject of confidential information, it refers to patient records - clinical information - being the sole property of the business owner, but not specifically contact details. It looks a little grey to me.

I’d be very surprised if data protection rules allowed him to take and keep client contact details to use for the purpose of contacting them about a different business. Unless they are specifically his clients. It may depend on what permission they’ve given re data use.
He may be able to inform his clients himself, during contact with them, and give them his new details if they want to contact him. But better keep it quiet! I remember when my hairdresser was thinking of going solo and was discreetly making enquires of her clients...

[bungeejumper]

As above. It's most unlikely that he'd be allowed to take clients' contact information with him when he goes, especially if he's been working on the clinic's premises. I mean, if I were the clinic's owner, what kind of a fool would I be if I didn't protect my business's customer list?

I have friends in a service business who are currently suing a former employee for doing just that, and I reckon they have a very good chance of winning substantial damages. But all might not be lost for your friend.

Personal health services such as physio or chiropody or counselling are well known for their staffs coming and going at regular intervals, and once customers 'lose' their favourite practitioner they'll often look around to see where he's gone? If your friend can set up a Facebook page (say), and also get his name out there on the local Google searches as fast as possible, there's a good-ish chance that his fans will find their own way to him. (If he's cheaper, or if he's offering rewards for referrals, so much the better.) From there, personal recommendations will probably do the rest.

BJ

[HelBel65]

Thanks for the replies, appreciate it. H