In my previous job, the contract of employment says you cannot poach staff for three months etc. One ex colleague has left said company and is coming to work where I am now.
If ex employer wanted to be awkward, can they claim in any way that I poached said driver? I have no responsibilty for recruitment, I just gave the driver a phone number to ring, when he asked. I was asked even before I started if I thought he was suitable (I said he was).
Surely poaching rule would apply if I was a manager and recruited say my foreman?
I’d be surprised if anything was said, but I’ve had several arsey texts from ex TM about returning old uniform, and they were not the most helpful when I gave my notice in.
Does the Bosman rules come into play. Once he’s worked his notice thats it. One for the lawyers to answer.
Are you employing him?
Muckaway:
In my previous job, the contract of employment says you cannot poach staff for three months etc. One ex colleague has left said company and is coming to work where I am now.
If ex employer wanted to be awkward, can they claim in any way that I poached said driver? I have no responsibilty for recruitment, I just gave the driver a phone number to ring, when he asked. I was asked even before I started if I thought he was suitable (I said he was).
Surely poaching rule would apply if I was a manager and recruited say my foreman?
I’d be surprised if anything was said, but I’ve had several arsey texts from ex TM about returning old uniform, and they were not the most helpful when I gave my notice in.
The only way your ex-employer can enforce terms in your previous employment contract is through the civil courts.
What exactly would this achieve?
It would cost them £1000’s if not 10’s of £1000’s to sue you for damages for breach of contract. Assuming the court accepts that the term in the contract is fair (unlikely), the level of damages they are likely to be awarded is miniscule.
DrivingMissDaisy:
Are you employing him?
No. I have had no connection to him leaving and then joining new company, except giving him a name and number and being asked on his suitabilty.
Oh I’m training him for a couple days next week aswell.
Did you offer or did he ask? That is the main difference!
scanny77:
Did you offer or did he ask? That is the main difference!
He asked, mate. I’d given my notice in and whilst working it, he got peed off with the handball and lazy customers and asked for my new co’s number.
Muckaway:
DrivingMissDaisy:
Are you employing him?No. I have had no connection to him leaving and then joining new company, except giving him a name and number and being asked on his suitabilty.
Oh I’m training him for a couple days next week aswell.
Can’t see the problem then as you’re status is employee!
Surely, “Poaching” is the driver’s version of “standing someone down on week 12 so they don’t get parity pay” when the boot is on the other foot?
Everyone wants to employ everyone for the barest minimum, the old “Times are 'ard” race-to-the-bottom philosophy that doesn’t take into account that one day this recession will end for the non-elites in society as well as the chattering classes. I can’t imagine an individual driver being pursued for “breach of contract” when the poaching firm has been left alone. The firm would be left alone because it would be a lot more dangerous going after said firm, because if you lose in court, it would cost a fortune. If you go after the driver, and they are personally skint, it’ll also cost a fortune.
Pretty pointless exercise all around then huh? 
Muckaway:
scanny77:
Did you offer or did he ask? That is the main difference!He asked, mate. I’d given my notice in and whilst working it, he got peed off with the handball and lazy customers and asked for my new co’s number.
Are you still at Matthews mill?
lightning:
Muckaway:
scanny77:
Did you offer or did he ask? That is the main difference!He asked, mate. I’d given my notice in and whilst working it, he got peed off with the handball and lazy customers and asked for my new co’s number.
Are you still at Matthews mill?
No mate, gone to Earthline. Along with my mate who started today training with me, that makes 3 of us. Another is considering his future…
Can’t have been much fun ■■■■■■■ sacks of flour this summer… 
DrivingMissDaisy:
Can’t have been much fun ■■■■■■■ sacks of flour this summer…
It’s not mate, when you consider you get paid the same to push a lever to unload on tippers.