I have been asked to work for one of our customers....
I have been asked to work for one of our customers....
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Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
Morning Everyone.

So last week I was at a customers site, it's a big manufacturing company with lots of CNC machines, in my current IT job I work on the computer systems on these machines, but with my love for all things dirty I keep getting involved in the mechanical and electrical aspects too (issues are normally linked between an IT issue and a machine fault)

This has been noticed by the customer and they have asked me a few times if I would like to go and work for them.

Last week this discussion started again, and after talk of a £8k/year payrise, Training and Qualifications to be obtained and much better pay prospects in the future I agreed that I would go and work for them!

I know the senior management and owners very well and I love working on the machines so I've said yes.

This brings me to my question of how to tell my current company, they know I'm not happy and I've told them I will be having a meeting with them on monday to discuss a career change.

After discussing with the customer's directors we agreed that I would tell them I was looking for a job and going to apply for a job at the customers in an engineering role.

Then a few days later said customer will call and be surprised I have applied and discuss the customer/current company relationship going forwards.

I get the job, formally resign and work my notice.

Obviously my contract says I'm not allowed to contact customers for x months afterwards, but as I understand it, upon terminating my contract it is unenforceable?

Anything I need to be aware of? The new job is definite so if my current company throw me out I'll be fine.

Thanks in advance! smile

Edited by Petrolhead_Rich on Sunday 4th March 10:24

Eric Mc

125,606 posts

294 months

Sunday 4th March 2012
quotequote all
You haven't contacted them - they contacted you.

Marf

22,907 posts

270 months

Sunday 4th March 2012
quotequote all
Plus are these clauses really enforcable? Surely they're restraint of trade?

Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
Eric Mc said:
You haven't contacted them - they contacted you.
but to keep things sweet I'm telling them I contacted them, or rather will be contacting them, erm next week to apply for a job...

Eric Mc

125,606 posts

294 months

Sunday 4th March 2012
quotequote all
Just be careful.

But clauses that atempt to restrict the free movement of labour are generally unenforceab;e. People may whinge about "Human Rights" but this is one of them.

Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
Eric Mc said:
Just be careful.
Hence the question on here.

My current employer will be annoyed, but I'm hoping to keep things relatively friendly with them, just if things do go sour what can they actually do?

TooLateForAName

4,924 posts

213 months

Sunday 4th March 2012
quotequote all
Your customer should check their contracts with your current employer. There may be terms that could cost them or make things difficult.

depends really on how much the new people want you.

Its a bad precedent for your existing employer - they dont want all their staff legging it to customers so might make things difficult as a mstter of principle.

sunbeam alpine

7,244 posts

217 months

Sunday 4th March 2012
quotequote all
I did exactly what you describe years ago. It didn't work out.

The dynamic that exists when you visit as a supplier - certainly if you're prepared to "go the extra mile" - is completely different to actually being on the pay roll.

While I certainly don't regret making the move (it led to me setting up on my own), you need to consider it very carefully.

My company had no problem with me moving to a customer - I could just have easily gone to a competitor.

Whatever you choose, I wish you well.

Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
TooLateForAName said:
Your customer should check their contracts with your current employer. There may be terms that could cost them or make things difficult.

depends really on how much the new people want you.

Its a bad precedent for your existing employer - they dont want all their staff legging it to customers so might make things difficult as a mstter of principle.
They have been trying to persuade me for nearly a year now! They need someone to train up on the machines with the expansion and with me having already proved myself and having the IT support in house too it all makes financial sense, even with any penalties.

To add insult to injury, two staff left last week and one in January, and in the words of my MD I'm "one of the best they have" so it is going to hit them hard and I wouldn't be surprised if I get told to clear my desk and go on monday! getmecoat


Marf

22,907 posts

270 months

Sunday 4th March 2012
quotequote all
Would you stay if they matched the offer from the competitor?

Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
Marf said:
Would you stay if they matched the offer from the competitor?
No, I'm bored of IT and want to get into engineering but i'm not qualified so this is the perfect opportunity for me!

bucksmanuk

2,426 posts

199 months

Sunday 4th March 2012
quotequote all
Petrolhead_Rich said:
No, I'm bored of IT and want to get into engineering but i'm not qualified so this is the perfect opportunity for me!
if only there were more like you!
smile

Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
bucksmanuk said:
if only there were more like you!
smile
thumbup thanks smile

Mr Roper

14,231 posts

223 months

Sunday 4th March 2012
quotequote all
Good programmers/setters are like hens teeth. Get on them machines and learn a skill that is very much in demand.

Pints

18,451 posts

223 months

Sunday 4th March 2012
quotequote all
Petrolhead_Rich said:
To add insult to injury, two staff left last week and one in January, and in the words of my MD I'm "one of the best they have" so it is going to hit them hard and I wouldn't be surprised if I get told to clear my desk and go on monday! getmecoat
Why is the staff turnover so high with your current employer?

Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
Pints said:
Why is the staff turnover so high with your current employer?
one has left due to personal reasons (left his OH and moved back down south with family), one left due to his contract ending (was on temp contract) and one left from our sales team as he was going to setup his own business in a separate field.

johnfm

13,751 posts

279 months

Sunday 4th March 2012
quotequote all
Before you make up some cock & bull story - I would check your contract closely for any restrictive covenants and, if you don't understand them, get a lawyer to check them.

As posted above, the company you plan on working for (a current customer of your employer) may have some 'hands off' clauses in the contract they have with your employer.

It could all end with you out of a job and the customer not being able to employ you for 12 months.


Petrolhead_Rich

Original Poster:

4,659 posts

221 months

Sunday 4th March 2012
quotequote all
johnfm said:
Before you make up some cock & bull story - I would check your contract closely for any restrictive covenants and, if you don't understand them, get a lawyer to check them.

As posted above, the company you plan on working for (a current customer of your employer) may have some 'hands off' clauses in the contract they have with your employer.

It could all end with you out of a job and the customer not being able to employ you for 12 months.
but if they end the contract with my employer, how enforceable is that clause?



Burrito

1,705 posts

249 months

Sunday 4th March 2012
quotequote all
The whole idea of restrictive covenants is to stop you leaving, so designed for when you quit. As to how enforceable they are; in the majority of cases, very little is done, but I would recommend you speak to a lawyer.

Have a read of this and check it atainst your contract. http://www.out-law.com/page-7086

clarkey

1,426 posts

313 months

Monday 5th March 2012
quotequote all
Don't forget that the customer is likely to have a contract with the supplier that prevents employment - this is entirely enforceable, and is often something like 50% of annual cost.
Employment contracts with restrictions are enforceable if they are reasonable - for example, it is reasonable to stop you working for a customer, but not for a competitor.

Do you currently carry out chargeable work for this customer? If so, what is the value per year? Will this relationship continue between the customer and present employer if you leave? This will have a bearing on how the employer reacts. If they lose you and the value of the contract, they may be more likely to enforce both contracts.

Most importantly - tell the truth.