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Appreciate urgent advice on this situation - thank you thank you thank you in advance and sorry for how long it is - put in as MUCH detail as possible
I work as an account manager at a marketing agency specialising in a particular industry. I handed in my notice beginning of June as was no longer enjoying it.
I have 3-months notice but they only made me work 6 weeks of it.
Two week into my notice, I told my clients as was handing over the accounts to the new managers. A week after that, one of my clients asked if I'd found a job yet as they were advertising for a Marketing Manager role if I was interested. I was interested as I had enjoyed working with the client.
I had an interview, and in that pointed out the issue with their service agreement and my contract and said I wanted to be transparent with my company if I was offered the job. The MSA says that they cannot solicit an employee of the agency (they approached me after I'd handed my notice in) and my contract says I cannot work for a client (so it's black and white in that respect).
I was offered the job, and as soon as I received the formal offer (last Wed), I told HR. The HR manager was really happy for me and said she'd speak to the MD as they'd not been in this situation before (though a colleague left and went to a client a few weeks ago - my company didn't know). To note, this client, albeit all clients should be important, is a lower income client for the company on a project that's coming to an end, not on a retainer basis). She reassured me the company was trying to make it work and happen for me. I honestly and naively thought the company would ne happy for me and see it as an opportunity to grow the client with me.
Wed eve, I was told that my agency were consulting solicitors, that the MD had rang the client's MD without consulting me first. I was told to hang fire - at this point, I became worried.
Friday, I was told that my company had sent a letter to the client outlining terms to get out of their service agreement. The MD also told me they were not pursuing me for legal action - so I thought, all the client needed to do was approve those terms then that was that. I was also told I'd really f***** up by doing this and ended up in tears to the MD who just laid into me.
Sunday, the MD of my company then LinkedIn messaged me to say that they'd spoken to the board and they might pursue me saying there is a sense that we should leverage your employment contract terms should you accept the offer. That means we may take legal action against you.
I then contacted the client that wants to employ me outlining I couldn't take the job as couldn't risk legal action.
They said that they were paying for the rest of the contract up front and agreeing to the other terms so there would be no other loss of earnings for the company as they weren't going to work with them going forward (as apparently the MD was not professional on the phone at all telling them they weren't a priority for them anyway - and told the client I was leaving for performance issues)...
The other clause was that my company did not want me as their primary contact (I genuinely don't know what I've done to deserve them saying that - I saw it as an opportunity to increase work with my agency - now I do not at all as have been treated horrendously).
I've asked the company to see if they can write me into the get out clause to protect me from my agency coming after me. They're going to try but aren't sure if my current company will accept it.
I've contacted ACAS and got advice, however, a few questions...
1) Can someone stop you from going somewhere even if it's in the contract
2) If loss of earnings are being covered by the client, can they come after them for me?
3) Bar the outstanding fee on their current project, how can my current company predict future loss of earnings? I don't see how at all?
4) Would this hold up in court?
Really see this role as an AMAZING opportunity for me and don't want to miss out if my company cannot take legal action against me. Any advice greatly appreciated! THANK YOU ALL!
I work as an account manager at a marketing agency specialising in a particular industry. I handed in my notice beginning of June as was no longer enjoying it.
I have 3-months notice but they only made me work 6 weeks of it.
Two week into my notice, I told my clients as was handing over the accounts to the new managers. A week after that, one of my clients asked if I'd found a job yet as they were advertising for a Marketing Manager role if I was interested. I was interested as I had enjoyed working with the client.
I had an interview, and in that pointed out the issue with their service agreement and my contract and said I wanted to be transparent with my company if I was offered the job. The MSA says that they cannot solicit an employee of the agency (they approached me after I'd handed my notice in) and my contract says I cannot work for a client (so it's black and white in that respect).
I was offered the job, and as soon as I received the formal offer (last Wed), I told HR. The HR manager was really happy for me and said she'd speak to the MD as they'd not been in this situation before (though a colleague left and went to a client a few weeks ago - my company didn't know). To note, this client, albeit all clients should be important, is a lower income client for the company on a project that's coming to an end, not on a retainer basis). She reassured me the company was trying to make it work and happen for me. I honestly and naively thought the company would ne happy for me and see it as an opportunity to grow the client with me.
Wed eve, I was told that my agency were consulting solicitors, that the MD had rang the client's MD without consulting me first. I was told to hang fire - at this point, I became worried.
Friday, I was told that my company had sent a letter to the client outlining terms to get out of their service agreement. The MD also told me they were not pursuing me for legal action - so I thought, all the client needed to do was approve those terms then that was that. I was also told I'd really f***** up by doing this and ended up in tears to the MD who just laid into me.
Sunday, the MD of my company then LinkedIn messaged me to say that they'd spoken to the board and they might pursue me saying there is a sense that we should leverage your employment contract terms should you accept the offer. That means we may take legal action against you.
I then contacted the client that wants to employ me outlining I couldn't take the job as couldn't risk legal action.
They said that they were paying for the rest of the contract up front and agreeing to the other terms so there would be no other loss of earnings for the company as they weren't going to work with them going forward (as apparently the MD was not professional on the phone at all telling them they weren't a priority for them anyway - and told the client I was leaving for performance issues)...
The other clause was that my company did not want me as their primary contact (I genuinely don't know what I've done to deserve them saying that - I saw it as an opportunity to increase work with my agency - now I do not at all as have been treated horrendously).
I've asked the company to see if they can write me into the get out clause to protect me from my agency coming after me. They're going to try but aren't sure if my current company will accept it.
I've contacted ACAS and got advice, however, a few questions...
1) Can someone stop you from going somewhere even if it's in the contract
2) If loss of earnings are being covered by the client, can they come after them for me?
3) Bar the outstanding fee on their current project, how can my current company predict future loss of earnings? I don't see how at all?
4) Would this hold up in court?
Really see this role as an AMAZING opportunity for me and don't want to miss out if my company cannot take legal action against me. Any advice greatly appreciated! THANK YOU ALL!
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