Dapol to cancel orders with Kernow Model Centre

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Bufferstop
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Re: Dapol to cancel orders with Kernow Model Centre

Postby Bufferstop » Sat Nov 09, 2013 10:25 pm

I don't think there's any proportionality between the length of a backlog and the number of outlets affected, and if there is it won't be an inverse one. :| :|
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amsie
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Re: Dapol to cancel orders with Kernow Model Centre

Postby amsie » Sat Nov 09, 2013 10:37 pm

damn wanted to add my thoughts lol

In other news im building a class 309 EMU :-)

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Jim S-W
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Re: Dapol to cancel orders with Kernow Model Centre

Postby Jim S-W » Mon Nov 11, 2013 1:17 pm

Bufferstop wrote:I'm quite surprised that Dave Jones wasn't required to make a binding agreement in respect of on going projects. There seems to have been a lack of business accumen on the part of both Dapol and Kernow. Dapol should have had a legally binding agreem ent with Dave Jones and Kernow should have realised that Dapol wouldn't just roll over and allow them to take their slice of the profits.It's hard to imagine any company in the UK being persuaded to shift their production from a client company to a new one set up by a former employee for fear of the legal costs they could end up paying.


It's usually standard for any contract of employment that you can't work in a similar field for a certain amount of time and is usually forbidden that you approach any existing clients. Thing is you can't really do anything until work is actually produced not just a statement of intent.

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Re: Dapol to cancel orders with Kernow Model Centre

Postby Pete » Mon Nov 11, 2013 7:07 pm

It's usually standard for any contract of employment that you can't work in a similar field


It's near impossible to enforce, it's almost a given that people will move on to similar employers taking with them all their know how etc, it's also very common for people to take half the customer list with them too, I've never heard of anyone being taken to court over it not even in the pharma industry where such limiting terms are common.

Although I know nothing of Mr Jones (having not heard of him before the earlier posts) or any of the other participants mentioned, there is always a risk when a company is built around individuals. However its also true nobody is irreplaceable it's just a case of recruiting the right people and paying good rates.

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Re: Dapol to cancel orders with Kernow Model Centre

Postby TK421 » Mon Nov 11, 2013 7:51 pm

Does that mean I can get a 00 well tank from a box shifter? :lol:
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Jim S-W
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Re: Dapol to cancel orders with Kernow Model Centre

Postby Jim S-W » Tue Nov 12, 2013 12:45 am

Pete wrote:
It's usually standard for any contract of employment that you can't work in a similar field


It's near impossible to enforce, it's almost a given that people will move on to similar employers taking with them all their know how etc, it's also very common for people to take half the customer list with them too, I've never heard of anyone being taken to court over it not even in the pharma industry where such limiting terms are common.


That's very true. However the approaching of existing clients is very much the opposite. It's a whole lot easier to enforce and people are taken to court over it all the time.

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Re: Dapol to cancel orders with Kernow Model Centre

Postby Bigmet » Tue Nov 12, 2013 8:59 am

The problem from Dapol's perspective is that their former employee pretty much owned their entire model development to manufacturing process. He didn't suddenly go invisible to their clients when he left their employ. All that demonstrated know-how and performance track record promptly appeared as an independent business. There is nothing in the world wrong with that, and if clients of the former business transfer any business to the new party of their own independent volition that's perfectly OK.

The thing the ex-employee musn't do is exploit knowledge that is 'privileged' in some way; that is information he couldn't have obtained other than having been with the former employer. But even this is full of holes, he cannot just 'switch off' knowledge of key stuff that he worked with as a necessary part of the job role like the pricing model of the product, the relatively few commissioning businesses, the technical spec they were aiming at, the contract performance of the third parties in the process. No court will find against someone going out to make a living from his own hard won expertise gained with a previous employer. Which only practically leaves commercially secret technique (none of that to worry about in model railway, it is all established art) and undisclosed future programme plans that he was aware of, as something to avoid fouling.

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Re: Dapol to cancel orders with Kernow Model Centre

Postby alex3410 » Tue Nov 12, 2013 9:57 am

The terms in the contract have to be deemed reasonable for them to stick - A contract for example that stops someone from working within the industry for a year is unreasonable for a low level employee however it would be justified for a CEO or high level employee - I think the idea is they have more knowledge of the company and its plans but as you move up and have to deal with these terms normally you also get a pay increase as well so its not all bad! :lol:

The whole thing also would depend on Dapol and if they wanted to risk losing the money on legal proceedings if things don't go to plan

It could all be irrelevant anyway as they might not have had that term in the contact to start with! - I didn't when I first started but got given a new contact when a colleague left and started up in competition and ended up having to do allot of research / get advice on this topic - along with several others

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Re: Dapol to cancel orders with Kernow Model Centre

Postby Pete » Tue Nov 12, 2013 7:26 pm

This could be a great opportunity for Dapol to re-model (excuse the pun) the business, new staff, fresh ideas, and a lesson learnt. When activity is focussed around individuals there is often a mystique built up, it all appears a black art, where as in fact it easy once you try, injection moulding tools do require good design, but it's not difficult if you know what you're doing. Fleischmann have a good model (ibid), they train their own toolmakers so always a supply of skilled workers familiar with the product, maybe a tad more expensive, but far more robust as a long term strategy.


Jim
That's very true. However the approaching of existing clients is very much the opposite. It's a whole lot easier to enforce and people are taken to court over it all the time.


Not meaning to contradict in an argumentative sense, but I've seen this happen widely, with no action taken, maybe it's dependent on the industry.

I wish Dapol every success for the future, they should snatch this opportunity, and equally good luck to the other protagonists, there's room for them all.

Pete
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Re: Dapol to cancel orders with Kernow Model Centre

Postby Bufferstop » Tue Nov 12, 2013 8:43 pm

It's beginning to look as though the real constraint in this process is the production capacity that exists or can be made available at an ecconomic price. I imagine any models on which work has started are likely to be finished and delivered as contracted, so may come to market through other dealers. Others not yet started and cancelled by Dapol may well be recommisioned by Kernow but there could be scheduling wars. Interesting times ahead, and with Chinese workers beginning to recognise their value, and Chinese authorities becomming aware of the need to keep the workforce happy, some of the ecconomic advantages of far eastern production being lost. Who knows we could yet see Dapol products bearing the made in Wales sticker again.
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Bigmet
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Re: Dapol to cancel orders with Kernow Model Centre

Postby Bigmet » Tue Nov 12, 2013 9:23 pm

Cheap manufacture of simple goods will be priced out of China at some point, but the next destination won't be the other land of the dragon. Instead of Cymru think Chad, Kenya, etc. All of Africa needs to be developed once China is well underway with its industrial and development revolution.

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Re: Dapol to cancel orders with Kernow Model Centre

Postby D605Eagle » Wed Nov 13, 2013 1:43 am

And lack of stability which is what's keeping investment out of the place to a greater extent. Its more to do with red tape than anything else that keeps a lot of production away from the UK.

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Re: Dapol to cancel orders with Kernow Model Centre

Postby eagle50043 » Mon Dec 02, 2013 5:51 pm

so now Dapol have dissapointed customers like myself who was looking forward to a weathered non-gatwick
early IC cl73, just to make a point and have a fall out, over O gauge !

maybe i should throw my dummy out the pram too, and cancel my 11 month old order for the BBA's, and build
cambrian kits instead ! lol........jeez !


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