This would not be true in the US! It may be in the UK- I don’t know. When I worked at a center and left to go independent, I consulted a lawyer who read my employment contract. In my state, my nonsolicitation agreement prohibited me from even telling my current clients that I was leaving to go independent. IF I had refrained from mentioning it to them, AND they found me completely on their own, then I would have been able to take them on. But even informing them that I was leaving to go independent would have been in violation of my nonsolicitation had they then sought out my services. So when you say that someone is in the clear because the clients are soliciting the tutor vs the other way around, that’s a gray area and it depends a lot on the specifics of your location & contract. Just something to be aware of!