Contract For Services - Wanting to move companies.

Gooner123

Hi,

I have a strange employment issue.

I am working for a company on a contract for services basis (which means I work as and when needed and receive no retainer and have no contract).

I tried leaving the company I currently work for 6 months ago to go to a competitor on a full time contract, however was stopped due to a poaching clause held between the 2 companies.

This really broke my heart as the new job was local rather than London where I have to travel 200 miles each week.
I feel however that as I am not a contracted employee for the company I currently work for this shouldn't affect me, but it did stop the move.
I haven't signed the poaching agreement, it is between the 2 companies.

Is this is allowed or not? If it is, is there a way round the clause?

If I stop work for the company with the clause and effectively 'resigned' would the clause be void?

SarEl

This is a contract between the two companies and has nothing to do with you or anyone else. When and how the contract between them becomes void depends on the terms of the agreement they have reached. This is a private matter between two parties who may legally enter into any contract or agreement that they want.

And you do have a contract - you have a contract for services. You may have no written terms of that contract, but that doesn't mean a contract doesn't exist.

Gooner123

Okay so if I was to go and work at the new company, but paid by an recruitment agency the poaching clause means nothing to the recruitment agency yeah?