breach of fidelity

electromecca

Hi all, I am employed by one of the so called "recruitment agencies", in contract I have:

Fidelity
During the term of the contract and for a period of twelve months following the termination of the contract, the Consultancy (this is obviously me) shall not offer its services or those of a third Party to the Client of Recruitment Agency or any organisation involved with
the Client or Recruitment Agency in the undertaking of this contract with whom the Consultancy shall have had contact during the term
of the contract

Now, what will happen if I will be offered a position by the client (company that I work for)? Should I notify agency or keep mouth shut and hope that this won't come out? What could happen if agency will find out that I am employed directly by their customer after end of the contract with them?

Of course I am asking because I was offered job by their client and now i'm stuck!!! What are the chances that will be in trouble? Please help

winston82

How long are you working with the Recruitment Agency? If you are working with them over a period of 50 weeks then you should be free to join said company. If it's less time then said company can "buy you out of your contract" *(If you're worth it of course! )

Said company shouldn't really be offering you a position if they are in partnership with the Recruitment Agency as this would fall under a conflict of interest.

It would be great if companies could take all the good staff that recruitment agencies send in. Would save them a fortune.

TheBody

Some recruitment agencies would take a finders fee from the company you work for. A lot of companies employ "temps" to see how they work out with a view to hiring them full-time. Maybe you should talk to the company that offered you the job and explain the situation to them.

electromecca

I was working with agency for about 15 weeks. It's all bit messy but let me explain in details

Company that I work for asked big it company for a staff, normally the don't provide sucha service, but they co-operate with company that's recruiting people but they're located in England and don't deal directly in Ireland, so they've asked one of recruitment agencies here to find someone for the position. So here I am, and need to mention that I am contractor which equals self-employed.
Below is more less cash flow between everybody in this circus...

company -> IT company -> co-operative company located in Eng. -> recrutiment agency -> umbrella company -> me

Basically company were I work don't know anything about agency and I think they are not such an idiots to tell anyone that I will be employed by them

Even guy how's recruting for this company said to apply for the job on their website so they can keep hands clean....

At the end what I should look for not to end in a court?

I don't have any statements in contract what will happen if I breach fidelity.

TheBody

You might be better off talking to a solicitor just in case. I know it can be expensive but at least you will know where you stand.

electromecca

nah. I'll go wild and see what happens