Where Do I Stand?

[Joe88]

Hi All, I'm hoping to get some views from people who probably have a much better knowledge of Employment/HR than I do!

I currently work for an outsourcing company and as part of my employment with them I am permanently placed within another business completing work for them as a contractor. I have done this for several months and have done well.

I have developed a good relationship with the company I am working within (but not employed by) to the point where I am now looking to move across and work for them directly as their employee. This would mean better work, better pension, considerably better wage...a no brainer for me really.

I have had a phone call this morning to say that they are interested in progressing my application but will require written confirmation from my current employer that that are happy to release me from their employment into the new role (strange I thought but I went with it).

Having spoken to a few colleagues, this written confirmation may be difficult to come by as apparently they have lost a few contractors to this company over the last 6 months or so and are getting a little tired of it.

To me something about this does not feel right? Surely I am free to choose who I work for and provided I complete the relevant notice periods as agreed in my contract I can move to whichever employer I want?

Wondering whether there was something in my current contract regarding this I dug it out and had a look but no...nothing I can see in there regarding any restrictions such as this.

So my main question is...if they say "no, we don't consent to you leaving to take up the employment with the other company"...where do I stand?

Thanks

 

[Alan]

The issue will lie with the contract between you employer and the company that is doing the work.

This contract ( that you won't have seen) will have a no poach clause which basically says that the company can't employ you without permission. Often 'permission' requires a financial penalty.

Sure, you are free to work for whom ever you want ( assuming you didn't sign a contract saying otherwise ) but however the company you are doing work for isn't.

 

[AndrewUK_]

What does your contract say about working for other employers? It is not uncommon for there to be some level of restriction (known as a restrictive covenant). However, case law on this is very clear and such clauses are only upheld in certain situations.

Refer to your contract.

 

[NRLtd]

Refer to your contract.

He has, but there is nothing there to suggest this is an issue. However, as per Alan's post, the contract between the client and OP's employer may have bearing.

Have you approached the potential employer regarding this? Just an informal query should suffice, they will (should) be aware of any issues, particularly as you say they have done this before.

 

[AndrewUK_]

He has, but there is nothing there to suggest this is an issue. However, as per Alan's post, the contract between the client and OP's employer may have bearing.

Have you approached the potential employer regarding this? Just an informal query should suffice, they will (should) be aware of any issues, particularly as you say they have done this before.

My apologies, NRLtd. My late night cursory examination missed that. I agree that there may be a non-poaching clause in your potential employer's contract and that it is wise to consult with them on this issue.

 

[SamHamdan]

Back in the day i used to work for a telecom company and i got an offer letter from another telecom company that considered to be a competitor for the company am employed for. The new potential employer asked me for something like that (a release letter) but my current employer at that time refused to hand me this letter, so i called my friend who owns a small business to sign me as a new employee (on papers) and then i would be able to make a move to the new company. It worked. Just before doing that ask ur new potential employer if that will work