Legalities of this?

[Simon_m]

Afternoon all.

I am currently looking around at jobs with various companies in my industry. Whilst the industry (Mobile Telecoms) is huge, the people working in it are very close knit and everyone seems to know everyone else, this is where my problems lie.

I have been talking to two different companies, one is a manufacturer who supplies the kit we use, the other is a direct competitor.

They have both expressed an interest in recruiting me, but when they have found out who I work for there is a sharp intake of breath followed by "we have agreements in place not to poach xxxxxx's engineers"

So, from been virtually offered two positions I am now getting told it would be tricky to take me on. This has pissed me off as surely I am free to go where I want? FWIW I contacted the companies as I had heard they were taking on more staff.

Any advice appreciated.

Ta very much

[rog007]

'no poaching' agreements, less for certain public sector/security organisations, are solely based upon gentlemen's agreements and would be very difficult to legally enforce unless there was an allegation of economic spying/espionage, which is why it gets discussed in the first place. A standard employee is free to move around the marketplace as he or she sees fit unless there were specific agreements in your contract (which to be honest would probably not be enforceable). Just remember not to burn any bridges as, as you say, it is a very close-knit industry.

[anonymous-user]

Despite widespread bloke in pub opinion to the contrary, restrictions on employees working for competitors are often enforceable, provided that they are suitably limited. Agreements between employers not to employ each other's staff are also enforceable, although less common.

[Simon_m]

Breadvan73 said:

Despite widespread bloke in pub opinion to the contrary, restrictions on employees working for competitors are often enforceable, provided that they are suitably limited. Agreements between employers not to employ each other's staff are also enforceable, although less common.

Interesting. I have checked my contract and there is no mention of being unable to work for competitors. Surely anything that has a direct affect on an employee has to be discussed and agreed with the employees first?

[anonymous-user]

If there's nothing in your contract, them you have no problem. Restrictive covenants have to be expressed clearly, and are never implied. I was simply making a general observation about the subject.

Edited by Breadvan73 on Saturday 26th March 15:49