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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Looking regarding an employment contract. Looking

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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?
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 2 years ago.
8 years thanks
Customer: replied 2 years ago.
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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 2 years 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?
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?
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.
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
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.
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