Breach of contract

[Bogi0428]

Hi All,

Im new to the forum and I’d like to ask for some help.
I work for a recruitment company and I’m permanently based on a client site as a receptionist.
I have recently resigned from my company and I was offered a job directly by the client, which is great but my contract says that Im not allowed to go and work for them for 3months after I left my current company.
I have already signed a contract with the client so Im breaching my current contract.
Any advice what can be the realistic consequences of this?

Many thanks for your help.

[Amethyst]

Normally there's some kind of a sign up fee to the company for agency staff who move into becoming permanent employees ( like a finders fee ) ... did you resign from the recruitment company before you were offered the job with their client directly ?

You might need to paste a copy of the term in your contract for help - I'll tag Ula and mariefab to take a look.

[Bogi0428]

Hello Amerhyst,

Thanks for your reply, it’s not an agency I work for. My company has a contract with the client to run their reception and I’m permanently contracted there as well.
Yes, I resigned from my position before I accepted their offer.
Thank you for all your help. :-)

[Bogi0428]

Hello Amethyst,

This is what my contract says:
You agree the period of three months of you are a team member or 6months if you are a team leader or above with the company following termination of employment, not to:
approach for employment or accept an offer from any person or company who is currently or has been a customer of our business within the last 6 months unless authorised in writing by the company.
Failure to comply after leaving the company’s employment may result in legal action taken against you.Amethyst

[ULA]

If you go and work for the client company within three months (assuming you are a team member) of leaving your current employer then yes you will be in breach of contract. However there is the phrase "

unless authorised in writing by the company." So if you can get your company to agree, in writing, to you resigning to take up a position with the client company then you would be ok.

[Bogi0428]

Hello ULA,

Thanks for your reply.
My company doesn’t seem to be willing to let me go.
However I’m not sure what legal actions they could take against me.
As far as Im concerned they could only sue me if I casued a financial loss for them, or if I stole or spoke ill of the company and ruined their reputation.
None of this is applicable in my case.
I understand they are trying to protect their business by trying to tell their emolyees that they are not allowed to work directly for the client, but realisticly they cant sue me for anything or can they?
Ula Many thanks for your reply in advance.

[ULA]

If the company did want to enforce the restrictive covenant then they would need to apply for an injunction, although since the time to do this could be lengthy then they would look to get an interim injunction which would still be subject to scrutiny to see if there is ultimately a case to pursue.

What has your employer actually said about you going to work for the client? Going to court to get an injunction would cost them money and time which they would have to weigh up against the benefit they get from you not being able to work for the client for 3 months.

Is the client who has offered you the job aware of the situation?