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Jenny, Solicitor
Category: Law
Satisfied Customers: 6430
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Exclusivity Agreement for Job Candidates

Customer Question

I need an  "Exclusivity Agreement" for  job candidates


I have tendered for providing IT services contract to client x.  I have found the job candidates to fill the required roles should we win the bid. I would like the candidates to sign an "Exclusivity Agreement " to lock them  in  for a period of time   (4 months) and to stop them being poached by the competition.

Submitted: 4 years ago.
Category: Law
Expert:  Jenny replied 4 years ago.
Hello and Welcome to Just Answer, are you looking to lock them in before employment starts?
Customer: replied 4 years ago.

Yes, of course that's the idea. Its a lock period of 90 days. Provided we win the contract we can offer them the job / positions and x amount of .

The job candidates must allow us to represent them Exclusively for the given period and not approach other recruiters / employers for the given period.

Expert:  Jenny replied 4 years ago.
On the face of it this kind of agreement is going to be difficult to obtain. This is because any contract which restricts a person's ability to find and seek work is considered to be in restraint of trade and even if you can get their agreement the courts are unlikely to enforce the contracts should you attempt to do so.

The only real way that I can see that this would work would be if you effectively employ them prior to the contract, albeit without work yet being avaiilable. As employees they owe a duty of fidelity. Even then there would be nothing to stop them giving notice and walking free to take alternative work. If they are being paid they are more likely to agree to it though.