Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Who have the temp staff signed contracts with exactly? Please can you also tell me what concerns you about this situation so that I can look into it and advise. Thank you
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all
Hi there I just need some more clarification before answering please. So the competitor used to supply agency staff there but after you won that client they stopped doing so? You now supply temp staff there but the other agency's staff want to continue working for that client and now want to join your agency in order to do so?
OK thanks. There is nothing illegal with taking on staff of other agencies, whether through them approaching you first or you enticing them to join you. This is basic competition which is not illegal. What would be a potential issue is if you had some sort of agreement with the other agency but that does not appear to be the case. Another consideration is if the workers you are trying to employ had any restrictions themselves with their employer which may prevent them from working for another competitor. But that is nothing to do with you – these restrictions would not directly affect you because it is a matter for the workers and their employer, so if they breach them then they will be the ones who are going to potentially be in trouble. If you were to employ someone who is under a restriction with their employer then you will not be the one who the employer could sue – they can only sue a party with which they have a contractual agreement and as you have nothing at all in that respect, they cannot sue you. At worse you will not be able to employ these people because they would not want to move to you as they are restricted by a contract with their employer, however if they join you regardless of that, it is them that will have potential issues, not you.
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That could also be a possibility but less likely as the clauses they are more likely to have are to do with the client directly engaging the agency's staff, not prevention of them moving to another agency, but still worth checking.
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that could indeed be the case if such fees are specifically provided for in any agreement but it is a contractual matter, rather than a legal one so it depends on what terms are already in existence - it does not mean it will apply to every case