Self employed guy working for us doing work direct for our client.

[markythesparky]

We have a chap who works for us a lot and who is self employed. We have found out that he may have done some work recently for one of our clients who we have not done anything for in about 6 years or so. Just wondered what your view is on him doing work for a client of ours, albeit 6 years ago, but still working for us. By the way. he knows that the person was a client of ours as he has done work with us for the client.

 

[Pretty Mouth]

What sort of client, and what sort of work were you doing for them?

 

[mattg4321]

It’s a bit cheeky. We had the same years back. He didn’t get anymore work from us. He came off worse imo.

 

[7029 dave]

OK he subs for you, but he is a sole trader so any work is fair game to him.

 

[telectrix]

can't really call it poaching after 6 years. client may have just picked him at random.

 

[snowhead]

After 6 years I call that a old / past customer, not a current client.
As Tel above, could have been a random choice, could have been because the past customer had the Subbies phone number.

I assume the subby is not under any agreement / contract to NOT work for any of your past / previous customers or clients?

 

[Avo Mk8]

I assume the subby is not under any agreement / contract to NOT work for any of your past / previous customers or clients?

Good question, and a minefield!
Say markythesparky's company puts a restrictive covenant in the agreement/contract with the subcontractor (which to be a fair term would need to include a valid reason), they get perilously close to 'controlling' the subcontractor, leading to the possibility him being considered an employee of markythesparky's Co.
The fact that the subcontractor has worked for a past client, without the company's involvement, shows his independence. So that's a good thing!

 

[James]

If you still have a working relationship with this guy, why not ask him about it next time you are on a job together?

if it were me, after 6 years i would not be holding any grudges about the previous customer.
but i would put it to him that in future it would be polite to receive a quick call before taking on similar jobs.

(edit. after all he is not to know if you are currently quoting for that work)

these things can work both ways, i have done sub work for a couple of good local sparks because they are too busy at times.
however when i am busy i will always pass on jobs to them when i am too busy or the job is too big for just myself.

 

[littlespark]

It might be in the best interests of everyone.

Maybe the old customer had a job that a bigger company, that needs to bring in subbies, is too busy to bother with. Ie, only wants big contracts/ jobs… leave the little jobs for one man bands.

 

[markythesparky]

What sort of client, and what sort of work were you doing for them?

Its a restaurant who we worked for. not sure what the work was. Why does it matter?

 

[markythesparky]

can't really call it poaching after 6 years. client may have just picked him at random.

So how long would be ok? He was in the restaurant (our client) eating with his Mrs and was asked by the owner. Subby has done work at the restaurant and at the clients house with us in the past.

 

[markythesparky]

After 6 years I call that a old / past customer, not a current client.
As Tel above, could have been a random choice, could have been because the past customer had the Subbies phone number.

I assume the subby is not under any agreement / contract to NOT work for any of your past / previous customers or clients?

I get all of that and no he's not under any contract. But as I've just asked Tel, what then is a past client and what is a current client?

 

[markythesparky]

If you still have a working relationship with this guy, why not ask him about it next time you are on a job together?

if it were me, after 6 years i would not be holding any grudges about the previous customer.
but i would put it to him that in future it would be polite to receive a quick call before taking on similar jobs.

(edit. after all he is not to know if you are currently quoting for that work)

these things can work both ways, i have done sub work for a couple of good local sparks because they are too busy at times.
however when i am busy i will always pass on jobs to them when i am too busy or the job is too big for just myself.

Yes he has worked for us for over ten years on and off. He still works for us. He gets the vast majority of his work from us to the tune of about £45000 a year.

 

[nicebutdim]

To be fair, I'd expect a subby who was still working for me to be upfront about this sort of situation. It's a matter of courtesy.

 

[markythesparky]

To be fair, I'd expect a subby who was still working for me to be upfront about this sort of situation. It's a matter of courtesy.

And that is my thought too. Destroys any trust.

 

[nicebutdim]

And that is my thought too. Destroys any trust.

It's certainly something I'd be inclined to have a chat about. No laws or contractual obligations have been broken, but I'd want to at least clear the air and see where both parties stand on this (or similar) issues.

 

[markythesparky]

It's certainly something I'd be inclined to have a chat about. No laws or contractual obligations have been broken, but I'd want to at least clear the air and see where both parties stand on this (or similar) issues.

My issue is that if he is happy to do this now, why wouldn't he do it with a client who we worked for a year ago? What is off limits?

 

[nicebutdim]

My issue is that if he is happy to do this now, why would the do it with a client who we worked for a year ago? What is off limits?

I think that's a point you need to direct to the person in question. I don't ---- where I eat, but others might not see an issue with doing so and this guy might not see any problem with his actions.

 

[snowhead]

But as I've just asked Tel, what then is a past client and what is a current client?

A current client is someone you are currently carrying out work for and have not yet invoiced and been paid.
Or someone who has retained you under a contract of some sort.

It's not someone you are currently quoting for (unless the above applies) as that prospective client may have asked for quotes from others.

When a new potential customer / client rings you for a quote do you ask them if they've had work done by anyone else in the last 6 years and if so inform them you can't quote because they are the last company's Client and they aren't allowed to use any one else for their work?

 

[nicebutdim]

A current client is someone you are currently carrying out work for and have not yet invoiced and been paid.
Or someone who has retained you under a contract of some sort.

It's not someone you are currently quoting for (unless the above applies) as that prospective client may have asked for quotes from others.

When a new potential customer / client rings you for a quote do you ask them if they've had work done by anyone else in the last 6 years and if so inform them you can't quote because they are the last company's Client and they aren't allowed to use any one else for their work?

If a contractor was giving you most of your annual work, would you not think to speak to them about working directly for a customer who you've previously undertaken work for as a customer of said contractor?

Unless it was a contractor I wanted to get away from working for, I'd be inclined to afford them the professional courtesy of a heads up about the fact I'd be asked to look at the job in question. I might actually be inclined to point the customer back in the direction of that contractor, depending on the circumstances.