Employment Contract Question

[openforumgir]

Hi Beagles,

I need a little advice if possible.

I work for an Agency and have been offered a job with a client that we recruit for.

Unfortunately, the Agency that I work for has been recruiting the job I have been offered. I was unable to apply for the job through the agency without making my life very difficult (I didn't think I stood a chance in getting the role and didn't want to risk my job if I didn't get it) however, I did get it and I am in the process of handing my notice in and was checking through my contract to check my notice period, however, one of the clauses in my old contract is that I am unable to apply for a job with a client, without informing the company I work for currently.

The job was being recruited on an exclusive basis and was not advertised through the company itself, however, I sent in my application directly to thier HR team.

My question is, how likely is it that I would be subject to legal action? I could see no way of applying for the job without making my life difficult.

Is it best that I speak to an employment law specialist before handing my notice in?

Thank you as always.

[ULA]

Can you write up specifically the clause that was in your contract please.

[openforumgir]

The exact line is "The employee shall not apply for any vacancy notified by the company's clients without the prior written consent of the company"

[ULA]

Does it say what the consequence are if you do?

[openforumgir]

It doesn’t mention anything about consequences

[ULA]

Then other than try and bring a breach of contract claim I am not quite sure what they can do. I presume your prospective new employer knows you work for the agency - just wondering if they have an agreement in place with the agency that does not allow them to poach staff directly?

Do you have a good enough relationship with your employer to speak to them about getting the necessary written consent?

Are there any other restrictive clauses in your contract?

[openforumgir]

Thanks Ula, my new employer knows of the situation i am in and before I applied for the role with them, they checked their written contract to make sure they were covered but were unable to see why I wouldn’t be able to apply directly.

I am due to speak to my employer on Monday whilst handing my notice in and will explain the situation to them, my only concern is that they will lose money due to not filling the role themselves. I can not see any other clauses that would be applicable to me as i do not recruit myself.

[ULA]

Glad that your prospective new employer checked things through from their perspective.

The losing of a recruitment fee will be their issue and probably why the clause was in their contract. As i said their course of action would be to sue you for breach of contract for which they could claim the value of the of the lost recruitment fees as compensation.

[girliez]

The employee shall not apply for any vacancy notified by the company's clients without the prior written consent of the company.
lenny face