How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47344
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Looking regarding an employment contract. Looking

Resolved Question:

Looking for help regarding an employment contract.
Looking to leave and join a new company and the company would also like a colleague of mine join me in the company but we have a non solicitation of staff clause in contracts.
If the new company list the job publically and my colleague applies for the role themselves Through a recruiter is there any risk of me personally being liable against my non solicitation clause?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there?
Customer: replied 1 year ago.
8 years thanks
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Restrictions preventing a former employee from soliciting other employees has been accepted as a legitimate covenant in protecting the employer's legitimate interest in the stability of its workforce. However, to be enforceable it must be shown that the employee did in fact solicit the employee being poached. Solicitation generally means “directly or indirectly requesting, persuading or encouraging employees of the former employer to transfer their employment to the new business". So the more evidence there is that you did not have any influence on taking them out of the business, such as a public advertisement which the employee applied for and was successful in, then the connection between you and them should be distanced to an extent which would exonerate you from any wrongdoing. It would not prevent the employer from trying to rely on the covenant and to enforce it but that may not be easy in the circumstances. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Ok thanks - and do you think that is the employee applies themselves via a recruiter for a job that is advertised partly be jade they are unhappy and also be they want to follow me - that it could be considered as solicitation? Even if I end up interviewing and appointing the person?
Expert:  Ben Jones replied 1 year ago.
That is not really solicitation from a legal perspective - no one can prevent an employee from leaving if they are unhappy, even if they are prompted to do this by seeing someone else leave. So it would be difficult for the employer to prove this. Hope this clarifies?
Expert:  Ben Jones replied 1 year ago.
Sorry forgot to mention the interviewing process - I would try and avoid having to interview the person as then the link could be made between you and the former employer so if possible try to get someone else in the business to interview and appoint them.
Expert:  Ben Jones replied 1 year ago.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones and other Employment Law Specialists are ready to help you