Slight dilemma re being poached

Mischa8

I work as legal secretary/pa for a small firm of solicitors. Been there 2 and a half years.

I asked for a pay rise last summer and got told they couldn't afford it.

One solicitor who's been there a year is leaving to go to a larger firm. She's been told she can bring a secretary with her as new job created for her and growing dept (immigration, civil lit and employment. She also has Korean clients as she's Korean and a niche market).

Anyway as we get on well she asked me to join her (big pay increase. Etc). I will probably go with her.

My one dilemma, my boss is the type who expects loyalty and gossips a lot. I doubt he could keep me from leaving and this summer when I asked for an informal chat re my work he said I was doing very well, no complaints or advice needed. I'm just worried he may do something or am I worrying unduly?

Any advice would be appreciated.

Itsgottabedone

I can't think that your boss could do anythng to prevent you taking up the new job (unless there's something in your contract of employment expressly forbidding working for competitors within a certain radius). Is the Korean solicitor planning to take existing clients with her to the new firm, though? And is this something that is allowed under her contract? Don't hand your notice in till you know for sure!

zzzLazyDaisy

I would say you are worrying unduly.

You are entitled to hand your notice in and leave at any time.

It is possible that SHE has a post-termination covenenant in her contract prohibiting her from poaching staff, but that would be her problem and that of her new employer, not yours. Since the new employer has invited her to bring a secretary with her, it seems likely that they have discussed this issue, but if you are concerned, just ask her about it.

However one thing to bear in mind is that when you start a new job, you now have to work for the new employer for two years before you are covered the employment protection legislation. That means they can pretty much terminate your contract for any reason or no reason at all during the initial two years and you will have no right of redress unless the decision amounts to unlawful discrimination.

Rockporkchop

I wouldn't worry, it's just natural progression and you can't stay in a firm with no pay rise forever. I work for a law firm and virtually every solicitor who leaves takes their secretary with them, with no hard feelings or negative repercussions.

If you didn't decide to go with her, would there still be a position for you at your current firm?

Uncertain

zzzLazyDaisy wrote: »

However one thing to bear in mind is that when you start a new job, you now have to work for the new employer for two years before you are covered the employment protection legislation. That means they can pretty much terminate your contract for any reason or no reason at all during the initial two years and you will have no right of redress unless the decision amounts to unlawful discrimination.

In a head hunting situation you can of course offset this risk to some extent by contractual terms. This could, for example, take the form of a much longer notice period than would be the norm or a guaranteed minimum period of employment. It all depends how much they want you!

zzzLazyDaisy

Uncertain wrote: »

In a head hunting situation you can of course offset this risk to some extent by contractual terms.

I agree, but to be honest, in my experience it isn't likely to happen with legal secretaries, beyond (possibly) extending the notice period from one month to three - which might have helped when there was a 1 year rule, but with two years still leaves a new employee very exposed.

Mischa8

zzzLazyDaisy wrote: »

I would say you are worrying unduly.

You are entitled to hand your notice in and leave at any time.

It is possible that SHE has a post-termination covenenant in her contract prohibiting her from poaching staff, but that would be her problem and that of her new employer, not yours. Since the new employer has invited her to bring a secretary with her, it seems likely that they have discussed this issue, but if you are concerned, just ask her about it.

However one thing to bear in mind is that when you start a new job, you now have to work for the new employer for two years before you are covered the employment protection legislation. That means they can pretty much terminate your contract for any reason or no reason at all during the initial two years and you will have no right of redress unless the decision amounts to unlawful discrimination.

I think I am worrying unduly. Just if my colleague does poach her clients (it may be she tells them she's leaving and they follow her) would it rebound on me. But can't see that happening.

I am aware of 2 year period and TBH this slightly worries me in case it's not all roses there. I guess best thing to do I'd research. My colleague leaves in 3 months so got time.

Mischa8

Rockporkchop wrote: »

I wouldn't worry, it's just natural progression and you can't stay in a firm with no pay rise forever. I work for a law firm and virtually every solicitor who leaves takes their secretary with them, with no hard feelings or negative repercussions.

If you didn't decide to go with her, would there still be a position for you at your current firm?

Thanks. Yes there is a job at my current firm. We are very busy generally and no signs of it slowing down.

Evilm

Mischa8 wrote: »

I think I am worrying unduly. Just if my colleague does poach her clients (it may be she tells them she's leaving and they follow her) would it rebound on me.

This won't be your issue and will rebound on her - and even then only if they can prove that she did overtly poach the clients. Clients who found out where she was now working/going to be working and moved of their own choice won't count.

It would only apply to you if you were given a list of the prior clients and rang them up saying "X has moved to Y firm, please consider moving your business to Y firm". (Even then it would probably fall on her.

The only thing you have to consider is if you have a no compete clause in your contract.

Mischa8

Evilm wrote: »

This won't be your issue and will rebound on her - and even then only if they can prove that she did overtly poach the clients. Clients who found out where she was now working/going to be working and moved of their own choice won't count.

Oh yes, generally I don't think it would apply to me - I just know my boss has been *shafted* shall we say by other colleagues who've left. I don't want to give him any reason to come after me, nor to give me a decent reference should I need it if anything were to go wrong with this job.

It would only apply to you if you were given a list of the prior clients and rang them up saying "X has moved to Y firm, please consider moving your business to Y firm". (Even then it would probably fall on her.

The only thing you have to consider is if you have a no compete clause in your contract.

I don't think I would get involved with ringing her clients (some of them barely speak English!), even when/if I had moved company as I don't want to take the chance someone somewhere will find out and (like I said before) it comes back to bite me in the bum.

I don't think I do have a no compete clause in my contract but will double check later on today.

Mischa8

Itsgottabedone wrote: »

I can't think that your boss could do anythng to prevent you taking up the new job (unless there's something in your contract of employment expressly forbidding working for competitors within a certain radius). Is the Korean solicitor planning to take existing clients with her to the new firm, though? And is this something that is allowed under her contract? Don't hand your notice in till you know for sure!

As far as I know my colleague will be working in North London (a bit of a trek but hey ho). I am currently in Wimbledon so that won't count.

My colleague is planning (if they come and I think she will be careful about this) for the Korean clients to follow if they want to - some she isn't too bothered about if they follow her as they in her words 'treat her like a little girl' - she looks young though in early 30's. A lot of Koreans are in Kingston upon Thames and Bournemouth, but like I said, they travel. They like getting legal advice from someone who can speak Korean, especially for immigration matters and especially if their British is poor, which it often is.