Approached by Client

Jane_Dough

Hi All,

I began working in my current company (recruitment agency) 5 months ago.

I have been really unhappy in this job for a while, and have been applying elsewhere for the past month.

I received a phone call from one of my clients to say that their company is hiring and the recruitment manager has specifically asked for me to apply. I would absolutely love this position (fixed term contract), and can learn so much more in it. I do not know how to go about applying for this position, as my contract states:

"For a period of 12 months from the cessation of the last assignment, you agree not to accept a direct offer of employment whether temporary, contract or permanent from any client of ours, or from another agency acting for a client to whom you have been initially introduced to by us, without first notifying us".

Also, if I were to accept this contract position, I would be paid through my current company, as they are the ones recruiting for this role. They wouldn't in a million years allow me to quit, work for an existing client, and then pay me!

What are my options here?

I feel like my hands are tied. I am desperately unhappy in this job.

Thanks for reading.

Tenigate

Jane_Dough wrote: »

Also, if I were to accept this contract position, I would be paid through my current company, as they are the ones recruiting for this role. They wouldn't in a million years allow me to quit, work for an existing client, and then pay me!

Your "current company" is the recruitment agency. Why wouldn't they let you work for their other client? Have you asked them?

Kristopherus

Jane_Dough wrote: »

What are my options here?

I feel like my hands are tied. I am desperately unhappy in this job.

Thanks for reading.

You're there only 5 months. Your current employer can let you go without explanation, as you are in your first 12 months. In my view you should have no qualms about walking away either. That condition in your contract is usually given to employees of long standing, so you should'nt get too worried about it. You may never get an opportunity like this again, so go for it

Best of luck.

amtc

I would read it that you are not precluded, just that you to notify them. Don't forget they'll also profit if you get the job.

Sheep Shagger

Restraint of trade clauses are non enforceable and after 5 months it's unlikely your existing employer would try and push it - go for it.

tea and coffee

It says "Without notifying us" - i would notify them that I'm leaving and go

_Brian

My gut feeling is to go for it, however one piece of advice.

Make really sure they the client who has offered you this position knows full well the clause in your current contract and that you will be breaking it.

My fear would be if your current employer kicks up a storm that the client may well drop you like a hot potato to avoid any friction between them and your last employer, then you’ve fallen between the two of them and have no work !!

dennyk

The reason for that clause is that your recruiter employer doesn't want you accepting a position with one of their clients directly instead of through their recruitment agency, as that would mean the recruitment agency would lose out on the money they'd normally make from the placement. If this client company were to contract you through their normal channels via the recruitment agency you work for, not as a direct hire bypassing the agency, that would not violate the clause in question.

That said, I assume the recruitment agency has full control over whom they offer to place with their clients, and you are correct that they might not be willing or able to place you as a contractor with this other company while you are currently working directly for the agency; they may not want to lose your services as an employee, or they may have internal policies in place that would prohibit them from giving client contract positions to their own employees.

I would just approach your boss with this offer; explain to them that the client has specifically asked for you to apply and you feel it would be a good opportunity to develop your career and expand your skills and that you'd be interested in applying if it was possible. Don't mention that you are already job-hunting yourself or anything, just present it as an unexpected opportunity that happened to come up while talking with one of the clients you work with. Worst they're likely to do is just tell you it wouldn't be possible for one reason or another, so there's really no harm in trying.