Company Refusing to let me join another

[lewis94]

If anyone could offer some advice on employment rights/laws etc

 

I work for company "A" on secondment into a clients offices. I notified the client that I was intending to leave my company at which point the secondment client looked for ways and means to keep me.

 

A company called "B" provides contract staff to the secondment client and I had been asked by the client to speak with them so they can retain my services for the next 2 years.

 

Up to this point it is pretty straight forward.

 

Company "B" have a contract in place with Company "A" to supply them contract staff to outsource and have said there is an anti poaching clause in place which they cannot get out of.

 

The contract is over a year old but has 3 years left to run.

 

Company "B" did not approach me for a job I approached them on the advice of the client. My Company, Company "A" is now stopping me from leaving and have said they will prevent me from joining Company "B" at any costs.

 

It is within the same industry doing the same job but with better benefits which Company "A" cannot provide and at the request of the client.

 

Anyone able to offer any advice on this matter?

[BazzaS]

If anyone could offer some advice on employment rights/laws etc

 

I work for company "A" on secondment into a clients offices. I notified the client that I was intending to leave my company at which point the secondment client looked for ways and means to keep me.

 

A company called "B" provides contract staff to the secondment client and I had been asked by the client to speak with them so they can retain my services for the next 2 years.

 

Up to this point it is pretty straight forward.

 

Company "B" have a contract in place with Company "A" to supply them contract staff to outsource and have said there is an anti poaching clause in place which they cannot get out of.

 

The contract is over a year old but has 3 years left to run.

 

Company "B" did not approach me for a job I approached them on the advice of the client. My Company, Company "A" is now stopping me from leaving and have said they will prevent me from joining Company "B" at any costs.

 

It is within the same industry doing the same job but with better benefits which Company "A" cannot provide and at the request of the client.

 

Anyone able to offer any advice on this matter?

 

Three main aspects to consider :

 

1) your contract with Company A

2) Company B's contract with, and relationship with, Company A.

3) does the end user have any contractual term with Company A regarding " poaching" : either poaching via Company B or via any route?

 

1) Your contract with Company A may prevent you from leaving and working for a company / end-client they have placed you with.

If such exists and you breach this : they may be able to seek damages from you (or an injunction preventing you from working for that employer)

 

2) company B may choose not to risk their relationship with company A by employing you even if they don't have a relevant term in their contract with Company A. If there is such a term they may not want to risk (damages or an injunction as above)

 

If 1) doesn't apply, but 2) does, and 3) doesn't : then, is there a "Company C" that might place you at the end-users?

However, does the end-user really want to risk upsetting either or both of Company A and B?

 

It isn't just the contractual issues here (though risk of damages / injunction are certainly relevant!)

There is also the "do we want to risk our existing working relationship" between each one of Company A, Company B, and the end user!

 

If the contractual terms exist : they could be enforced in terms of negatives "you mustn't work for them"

Case law : Warner Bros v Nelson

http://e-lawresources.co.uk/cases/Warner-Bros-v-Nelson.php

 

They couldn't be enforced in terms of positives : "you can only work for me " or "you can only hire me"

Case law: Page One Records v Britton

http://e-lawresources.co.uk/cases/Page-One-Records-v-Britton.php

 

So, Bette Davis could be prevented from working in entertainment in contradiction to her contract (but they couldn't stop her working eg as a librarian!), but Larry Page couldn't force the Troggs to rehire him.

 

Company A might (if the contract terms with you, B, or the end-user allows) be able to prevent you working for B, or the end user. Depending on the terms of their contract with you they may even be able to restrict your employment by type of work. They cannot stop you working in ANY field for EVERY employer.

[steampowered]

If Company B are refusing to hire you because they are worried about breaching the anti-poaching clause, there is unfortunately not much you can do that.

 

If it was a clause in your own contract, you could possibly try to challenge it or take the risk of being sued by Company A. But unfortunately you cannot take that decision for Company B.

 

Ideally you would want to read the clause yourself - my experience is that people often don't bother to actually read these clauses carefully and just assume the clause means something completely different to what it actually says. But to be fair Company B might not want to tell you what is in their contract with Company A.