Secondment

Marta0101

My company sent me for a secondment to one of their clients a few months ago

So far I really like it and recently I saw that they are recruiting

I was thinking about applying for a job there.

I reviewed a letter of engagement between my company and the place where I have my secondment but I don't see anything that says I can not apply for the job there.

Would it be ok if I apply for a job there or would I breach my contract?

Glass fused light

You need to check your employment contract, between you and your employer, to see if you agreed to restrict your moving to a client company. It would be a restraint of trade clause meaning that you agree not to work for a linked company for a fixed period.

Even if your employment contract allow the move and there is no restriction in the engagement letter you need to consider the wider commercial relationship and how your applying for the job will be received by both companies. You are filling a need. Your current company is filling this need at a profit margin over the cost of employing you and the client is happy to pay that rather than source your role directly. What happens if you get the job, your employer supplies your replacement only to potentially loose them too?

If both employer and client were happy with you moving they could agree to wave a restrain of trade clause. Or your new employer may be willing to hold the job for the agreed period.

Marta0101

Thank you for your response
I have just checked my contract and I found the 'non-competition' clause which says that I cant take employment directly or indirectly with a company that was a client within 6 months of my termination of employment

I already told the client that I would be interested in the permanent position and he was happy with that
I will wait till the end of my secondment and if the role is still available I may ask employer to waive a restrain.

Kings Inns or bust

Non-compete clauses are very skeptically viewed. FWIW I think you're taking the most sensible course of action, the problem is an employers size is inversely proportional the discretion of a HR department. You may wish to consult an employment solicitor to back up your soft-sell should you get the 'computer says no' response off some twenty-something who, almost unfailingly, has a name ending in 'ee'.

Glass fused light

Kings Inns or bust wrote: »

Non-compete clauses are very skeptically viewed. FWIW I think you're taking the most sensible course of action, the problem is an employers size is inversely proportional the discretion of a HR department. You may wish to consult an employment solicitor to back up your soft-sell should you get the 'computer says no' response off some twenty-something who, almost unfailingly, has a name ending in 'ee'.

Biggest issue here will be the business relationship between the employer and the client. There is a small probability that the employer would take to court to enforce the employment contract. There is a bigger probability that the next secondment candidate (if provided at all), will cost more and that the client is added to the problem client list. How that impacts the ongoing business is key. Marta0101 may be the best mind in the business but if the client will loose access to the next best 20 or so Marta0101 is unlikely to get offered the job.

If you think you will get the job and really want it plus are ok with your employer knowing that you want to move ask about the clause now.  Start with informal channels as other employees should know where  waiving the six month rule falls in the ' hand shake for good luck or a M will never work in this industry again ' scale.

Marcusm

For a practical purpose, would it suit you current employer for you to take up the position, ie might it benefit from future work with you there? If this is a possibility, you could pursue it with your current employer. It's quite common in professional secondments for both employer and client to be integrated in it becoming a more permanent arrangement.