Is this legal..? Restriction of trade

I work for Agency A - did some work for Company B

Company B advertise for drivers, i apply

They say they cannot use me for 6 months, as i worked for them for Agency A

They no longer use Agency A drivers…!!!

Is this allowed

:confused: :confused: :confused: :confused:

tricky one this and a very grey area.

i wouldnt have thought there was a problem if the company was no longer using agency a drivers.

i know it does happen but then again if a company wants a driver then its tough ■■■■ on the agency.

uckna:
I work for Agency A - did some work for Company B

Company B advertise for drivers, i apply

They say they cannot use me for 6 months, as i worked for them for Agency A

They no longer use Agency A drivers…!!!

Is this allowed

Because the the agency sent you in there ( introduced you to this company )

Technically if that company employ you ( Within 6 months after the agency stopped supplieng you )

The Agency can send them a finders fee bill as the companies are made to sign this contract when they 1st used the agency it normally last for 6 months from the last day you worked for that company.

I am sure that is the norm…

Sometimes if an agency supplies a few drivers its worth them letting one driver go to work direct to keep the contract sweet… As this company are not using agency drivers anymore. They would probably persue this company for the finders fee :frowning:

The fee used to be 17.5 % of your salary … depending on the contract between the agency and the company … You would not have had to pay it your self

thanks for that, ta - They did tell me to apply again in October :slight_smile:

Phone up the agency and explain that you really liked the job and there’s a chance of getting one there but they don’t want to pay the agency. You may fund as I did that the agency would be willing to wave the charge and provide you a letter to this effect in writing.

It’s not in an agencies interest to put a potential clients back up.

Get an application form and back date it (with transport managers connivance)done it a couple of times no trouble.

“The norm” is 13 weeks.
Most agencies say the company cannot take the driver ‘cards in’ for at least 13 weeks.
I did exactly the same. I did a few days for DHL through Best Connection agency, I saw the job advertised by DHL so I applied. The agency said I could have the job, DHL wanted me, but I had to stay with agency for 13 weeks temp-to-perm.
After the 13 weeks I went cards in.

It’s unusual it’s 6 months.

Before that, a couple of other places I worked I asked if they had anything permanent, they both said leave your number and we’ll give you a ring but don’t tell the agency if you come and work for us!!

Conor:
Phone up the agency and explain that you really liked the job and there’s a chance of getting one there but they don’t want to pay the agency. You may fund as I did that the agency would be willing to wave the charge and provide you a letter to this effect in writing.

It’s not in an agencies interest to put a potential clients back up.

Exactly, that is what I did when I wanted to fully employ agency drivers. The system we used was to agree to employ the man from the agency for one month continuously then to set him on permanently with no further payments required. Didn’t bother us as we were going to employ them anyway and the agency got one full month guaranteed hire from the bloke before he left them - and kept in with me for future business. :wink: :laughing:

Conor:
Phone up the agency and explain that you really liked the job and there’s a chance of getting one there but they don’t want to pay the agency. You may fund as I did that the agency would be willing to wave the charge and provide you a letter to this effect in writing.

It’s not in an agencies interest to put a potential clients back up.

I’ve known it to happen; but then again I’ve known traffic wardens to smile and farmers to tip me a fiver! :wink:

As you rightly say it can happen but if the client has a history of poaching drivers you can’t really blame the agency for protecting its own interests, however unfair it may seem.

In this instance it looks to me like the client has dumped the agency big-time, and this sort of thing has happened before so the agency’s using it’s legitimate right to enforce the terms which both the client and the driver signed up to.

It’s called small print.

uckna:
I work for Agency A - did some work for Company B

Company B advertise for drivers, i apply

They say they cannot use me for 6 months, as i worked for them for Agency A

They no longer use Agency A drivers…!!!

Is this allowed

Yes its allowed. Its usually buried away in the terms and conditions that the agency supplying the drivers to the company provides. By the company using the agency, they have presumably accepted the terms and conditions.