Driving Schools

fredf_2

My daughter had been taking driving lessons with a particular driving instructor at a driving school. However now the instructor has decided to leave the driving school and set up her own private driving school. My daughter was very happy learning to drive with this instructor , however she has been told by the driving school she can't leave her current school and join her old instructor as the instructor is not allowed to take the driving schools customers with her. We wondering if there's a way around this or is this legally bound ?

browneyedbazzi

The driving school can't tell your daughter where she has to take her lessons but there may have been something in the instructor's contract about not poaching customers when leaving the school's employment. That's an issue between the instructor and her former employers though. If I was your daughter I'd get in touch with the instructor and see what her take is on things (presuming she has contact details and can get in touch without going through the school).

Have you prepaid for a series of lessons with the school or is it a pay as you go type arrangement?

fredf_2

It's a pay as you go arrangement, however there was an introductory offer of five lessons for £25

cajef

Your daughter can go to any instructor she wants, if she is happy with her present instructor and decides she wants to stay with him there is nothing to stop her, she is the customer and can go where she likes, if she has prepaid lessons with the present school she should get a refund.

I was an instructor with BSM when I left to set up my own school I told my pupils it was their choice, they all stayed with me.

browneyedbazzi

You may not be entitled to a refund for pre-paid lessons - that would depend on the terms and conditions attached to the contract when you pre-paid. But if she's already had the pre-paid lessons and there isn't a contract stating you have to carry on for x number of lessons or something similar then she can go where she pleases.

santer_2

I'm with post 2 in that the Instructor may be prevented from offering to teach someone from the original school, however, it should not stop someone from arranging lessons with the new school. How would the original school know where a person was taking lessons?

You could e-mail the registrar for their view

[EMAIL="adireg@dsa.gsi.gov.uk"]adireg@dsa.gsi.gov.uk[/EMAIL]

bigpound

Use the situation to your advantage to get the price down.

bris

cajef wrote: »

Your daughter can go to any instructor she wants, if she is happy with her present instructor and decides she wants to stay with him there is nothing to stop her, she is the customer and can go where she likes, if she has prepaid lessons with the present school she should get a refund.

I was an instructor with BSM when I left to set up my own school I told my pupils it was their choice, they all stayed with me.

The instructor may have a restricive covenant placed upon her, so she will not be able to accept her former employers students.
restrictive covenants are common to protect employers from this exact thing.
There can be severe financial penalties for breaking these covenants, as long as they are not to long and properly drafted they are legal.
If she has no restrictions, then yes she can do what she wants.

arcon5

cajef wrote: »

Your daughter can go to any instructor she wants, if she is happy with her present instructor and decides she wants to stay with him there is nothing to stop her, she is the customer and can go where she likes, if she has prepaid lessons with the present school she should get a refund.

I was an instructor with BSM when I left to set up my own school I told my pupils it was their choice, they all stayed with me.

Was there anything in your contract about this?
I imagine there was so you should be thankful they didn't find out otherwise they would have likely sued you -- and rightly so!

Valli

fredf wrote: »

My daughter had been taking driving lessons with a particular driving instructor at a driving school. However now the instructor has decided to leave the driving school and set up her own private driving school. My daughter was very happy learning to drive with this instructor , however she has been told by the driving school she can't leave her current school and join her old instructor as the instructor is not allowed to take the driving schools customers with her. We wondering if there's a way around this or is this legally bound ?

as has been said the driving instructor cannot poach pupils from her former employer. This will be for a limited time - possibly 6months. This will have been a clause (and a legally enforceable one) in her contract.

Your daugher CAN leave the school, though...or, as has been suggested, stay with the school for a discount;);)