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Taking clients with you when you leave permanent position

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    Taking clients with you when you leave permanent position

    Hi All,

    I will be leaving my permanent position very soon as I have secured my first contract role!

    I wonder if it's legal to approach some of the clients I deal with regularly in my current perm position?

    I would only want to contact them AFTER I leave my current employer. I believe that the market in UK is free and my current employer cannot forbid me this. I know of no poaching agreements but I don't think I've signed one and anyway I heard that they don't hold in court very well.

    What are your thoughts on this?

    Ps. I currently work for a corporation, not a small business.

    Thanks

    #2
    If you happen to know their contact details, then that's OK.

    If you download the contact book from your current employer and use that, then you could be in for a world of pain.

    IIRC, Old Greg stole his current client though.

    Comment


      #3
      It's fair game.
      Public Service Posting by the BBC - Bloggs Bulls**t Corp.
      Officially CUK certified - Thick as f**k.

      Comment


        #4
        Originally posted by Inventer View Post
        Hi All,

        I will be leaving my permanent position very soon as I have secured my first contract role!

        I wonder if it's legal to approach some of the clients I deal with regularly in my current perm position?

        I would only want to contact them AFTER I leave my current employer. I believe that the market in UK is free and my current employer cannot forbid me this. I know of no poaching agreements but I don't think I've signed one and anyway I heard that they don't hold in court very well.

        What are your thoughts on this?

        Ps. I currently work for a corporation, not a small business.

        Thanks
        What does your contract of employment say?
        They are often not enforceable but that's not always the case.
        If you can post the clauses here you may get a better idea of what's possible.
        See You Next Tuesday

        Comment


          #5
          The market isn't that free and your employer can handcuff you. There is also a good chance you'll get in to some trouble if you start courting their clients.

          You need to read you employment contract. It's fairly likely there will be a handcuff clause saying you cannot work for competitors and their clients for a period of 6 months or more.

          It's also highly possible your employer clients will have signed a non poaching clause meaning they cannot take you as well.

          It might seem easy to jump to your employees clients but it isn't. Also when you get a gig with them you could be back to market in 6 months and end up sitting on the bench looking the normal way. They say the second gig is the hardest because you are on clock which you aren't in your current situation.
          Last edited by northernladuk; 6 September 2016, 09:12.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Depends on employer , sector and your contract.

            If the contract is too tight the courts can view it as a restriction of trade.

            Comment


              #7
              Originally posted by BrilloPad View Post

              If the contract is too tight the courts can view it as a restriction of trade.
              Surely you mean 'if the contract's too loose the courts view it as a restriction of trade' ?
              Tight clauses are enforceable. Especially if they name a client and have no more than 3 months timing.
              See You Next Tuesday

              Comment


                #8
                Originally posted by Inventer View Post

                I wonder if it's legal to approach some of the clients I deal with regularly in my current perm position?
                I would have thought half the businesses in the world start up that way.
                "Don't part with your illusions; when they are gone you may still exist, but you have ceased to live" Mark Twain

                Comment


                  #9
                  Just reading back you title and situation don't match. You are not TAKING them, you want to contract for them. I'd at least attempt to understand the situation before embarking on what could be a complex path. The details will matter in this one.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    Just reading back you title and situation don't match. You are not TAKING them, you want to contract for them. I'd at least attempt to understand the situation before embarking on what could be a complex path. The details will matter in this one.
                    Sometimes its just better to let them know your intentions.

                    I have seen a number of consultancy guys do this and the consultancy having no issue with it.
                    Obviously, could well be an IR35 risk to manage for these sorts of cases.
                    The Chunt of Chunts.

                    Comment

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