Problems moving client

[Jeebsy]

On my current project the original client ended up having to leave for various reasons and a new client came in to oversee the project to completion. Our contracts just carried on with the relevant agencies as normal.

I got offered a contract with the original client last week but the current client have said that when they took over the project they put an 'anti poaching' clause in meaning I can't transfer from them to the other client.

I'm trying to get more details on the exact restriction but is this something they're entitled/able to do?

[northernladuk]

The clause is probably in the overarching contract. Ask for a copy of it or at least the clause so they can read it.

Also are the roles you are in and going for similar or connected in some way that would put the new client at a disadvantage? Would be very difficult to uphold a handcuff/poaching agreement if there is no financial or time loss to the new client but the question is would the old client have the stomach to contest it.

Anti-poaching agreements tend to be quite common when a service provider takes on a service from a client and sells it back but they normally TUPE the people they want.

I am assuming to go to the old client you intend to hand your notice in at the new one? Does your contract allow that?

More detail, as always, is required to be able to give any advice beyond guess work IMO.

[Jeebsy]

That's the thing, if it's going to cause the old client a lot of bother they'll probably just try and find someone else. If the current client dig their heels in it's probably going to make it not worth their while.

I'll try and get a copy of the clause.

Both clients operate in the same sphere (financial services complaint handling) but these are different projects - one is insurance and the other is mortgages so not sure how much overlap there would be.

Both jobs are with the same agency which is annoying as they have to do everything by the book to keep both clients happy.

On Friday they said the new job would start in three weeks but my current notice is four so they couldn't change me. I got permission to leave early which is when they said it was actually about this non poaching agreement. I handed my notice in anyway but they said that was pointless as there'd be an additional period where I can't move between the clients. They're being very cagey about but as said I am trying to get more info out of them.

[northernladuk]

Not sure how it would affect a contract in place between two clients but what is your opt in/out status?

[Jeebsy]

Opt out