Hi all - first time poster, wonder if you can help me with this.
I'm employed as a Marketing Consultant in Scotland for Company A. At work, I have a client (Company B) who unexpectedly last week asked me to join them as a permanent employee, rather than as an external contractor. I've had a think about their offer, and I'd like to accept.
I've had a look at my contract of employment with Company A - there are no restrictive covenants which prevent me from working with Company B. However, the Managing Director of Company B has flagged to me that their contract with my employer (Company A) has a term which states that to hire me, Company B would be due to pay my current employer a recruitment fee, equal to my current annual salary - £35,000.
This is unaffordable for Company B. As such, they are now considering withdrawing their offer - meaning I'd need to stay with Company A.
I have some questions:
1) Is such a term enforceable by Company A?
2) Can anyone think of any way around this if not?
Thanks in advance
I'm employed as a Marketing Consultant in Scotland for Company A. At work, I have a client (Company B) who unexpectedly last week asked me to join them as a permanent employee, rather than as an external contractor. I've had a think about their offer, and I'd like to accept.
I've had a look at my contract of employment with Company A - there are no restrictive covenants which prevent me from working with Company B. However, the Managing Director of Company B has flagged to me that their contract with my employer (Company A) has a term which states that to hire me, Company B would be due to pay my current employer a recruitment fee, equal to my current annual salary - £35,000.
This is unaffordable for Company B. As such, they are now considering withdrawing their offer - meaning I'd need to stay with Company A.
I have some questions:
1) Is such a term enforceable by Company A?
2) Can anyone think of any way around this if not?
Thanks in advance
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