The outcome was that I was successfully able to move the role forward through to application.
I applied my own knowledge of contract law to the situation and made sure that I had enough differentiators in the approach from Recruiter B and the contract to demonstrate (if challenged in the future) that I did not solicit the business but was essentially approached by the client.
I also ring-fenced my legal protection by actually contacting the client, making them aware of the situation and my preference to be represented by Recuiter B - which is my choice anyway - and if they had any concerns to advise. They said they had none.
So it only becomes an issue if Recruiter A challenges the matter and I'm quite happy to defend it if need be under 'restraint of trade' legislation.
At the end of the day, recruiters can put these clauses in but they can't do things that are in conflict with common law (i.e. Law of Contract). As such, as long as you are doing things 'honestly, in good faith and above board' (to coin a few phrases, you are protected. Its only when you are blatantly, deliberately and openly trying to skirt the rules to the obvious detriment of Recruiter A would you get caught. Otherwise, my view is I'm in business for myself and I intend to pursue opportunities of interest to me no matter what.
I applied my own knowledge of contract law to the situation and made sure that I had enough differentiators in the approach from Recruiter B and the contract to demonstrate (if challenged in the future) that I did not solicit the business but was essentially approached by the client.
I also ring-fenced my legal protection by actually contacting the client, making them aware of the situation and my preference to be represented by Recuiter B - which is my choice anyway - and if they had any concerns to advise. They said they had none.
So it only becomes an issue if Recruiter A challenges the matter and I'm quite happy to defend it if need be under 'restraint of trade' legislation.
At the end of the day, recruiters can put these clauses in but they can't do things that are in conflict with common law (i.e. Law of Contract). As such, as long as you are doing things 'honestly, in good faith and above board' (to coin a few phrases, you are protected. Its only when you are blatantly, deliberately and openly trying to skirt the rules to the obvious detriment of Recruiter A would you get caught. Otherwise, my view is I'm in business for myself and I intend to pursue opportunities of interest to me no matter what.
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