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| Reply To This Thread |
| Re: Pseudonym |
| Author: | liz |
| Date: | Tuesday, 27th Jul 2010 10:35 |
| Views: | 7 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210005 |
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Never heard of someone working under a pseudonym other than for headhunting calls like you say.
I would have thought that that would make very little difference if they wanted to bring a case against him. Regardless of his assumed name, it would still be him.
I wouldn't be overly concerned, but I'd speak to a solicitor with his contract to hand to check how watertight it is.
I think that there is an argument that these restriction affects peoples' ability to do the job that they are trained to do. That's his profession - are they going to pay for him to retrain or pay to relocate him because they cannot stop him doing what he is trained to do. |
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| Reply To This Thread |
| Re: Pseudonym |
| Author: | castlelgr |
| Date: | Tuesday, 27th Jul 2010 11:19 |
| Views: | 63 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210005 |
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Load of crap, they cant stop him from doing his job. He is a recruitment consultant he is expected to deal with other companies. If he is not contacting their curretn clients they shouldnt have a problem.
Unles of course they are worried about him taking away potential new business they are looking at. either way it doesnt matter there is nothing they can lawfully do. |
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| Reply To This Thread |
| Re: Pseudonym |
| Author: | Tom Atkinson |
| Date: | Tuesday, 27th Jul 2010 17:16 |
| Views: | 4 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210005 |
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Hi Sara,
I repeat what I say on many subjects on this forum. This is a matter of contract. Read it.
In essence are there restricteive covenents in the contract of employment. Yes or No.
If No, then no worries. If Yes, what do they say? Once you know that, you know where to start.
It is unlikely that any restrictive covenants preventing an individual plying his trade (provided he does not steal his previous emploer's assets - database etc) would be upheld in court as it would be deemed a restraint of trade and an unfair contract term.
Deceit by psuedinym will probably get you into trouble one way or another.
Tom. |
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| Reply To This Thread |
| Re: Pseudonym |
| Author: | Interested Party |
| Date: | Friday, 30th Jul 2010 09:45 |
| Views: | 4 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210005 |
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As Tom says, review his documentation.
Depends on are you really trying to "nick" work - if so - you should face the full force of the law / or if you are geniunely going to keep away from the "old " work
Then document a risk assessment, - based on his covenants and agree an action plan.
Ie List the contacts / companies, that you and the consultant feel might infringe his previous covenants - agree how to deal with those.
Likewise agree an action plan, where a candidate or client, "tracks the consultant down". Have a standard document to send to any key clients who contact the consultant.
Which asks the client / candidate to 1) acknowledge that the consultant wasn't proactive in contacting them. 2) that the contact is at the instigation of the client / candidate. In the docunment recommend that the client / contact maintains a relationship with the previous company. (helps with any damages). Ask the client / candidate to agree that that have given the previous companu equal opportunity to undertake the recruitment service - so no loss.
Using a Pseudonym makes you look dodgy. Also you ought to encourage the new consultant to build new business - otherwise you are just buying their desk / contacts.
make sure you document the source of all your candidates on your ATM, and import the candidates application email.
If the applicant is on a job board - don't call them, let them find / respond to you.
Be professional, respect the last companies restrictive covenants, and build your own business - thus getting the respect of the clients/ candidates and your own staff.
If they see you "buying a new consultant", then your own staff will think that they could be "brought". Make your own staff aware that you take covenants seriously, then they will return the compliment hopefully.
If you get a letter - respond briefly stating that you are aware of the restrictive covenants, the consultants work is tasked accordingly and you are not aware of any breaches, nicely asking for any evidence of breaches, currently or in the future which you would investigate and respond.
Be prepared to hand over any fees, if there was a breach.
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| Reply To This Thread |
| Re: Pseudonym |
| Author: | MJ |
| Date: | Friday, 30th Jul 2010 15:31 |
| Views: | 4 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210005 |
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If he / she is a good consultant and can make you money great dont worry about the restrictions.
Get them to bring over as many leads with them as they can and get another consultants to deal with those clients for a few months. easy money! |
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