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Restraint-of-trade knowledge now critical for recruiters

Understanding how contractual restraints work is especially critical for recruiters in the current market, but awareness appears to be worryingly low, says industry coach and commentator Ross Clennett.

"When you look at the market at the moment and the difficulty that employers are having in hiring good people, not only are they more likely to be quite litigious or vigilant around enforcing the restraints that they have with existing employees who resign, they're probably more likely to be rigorous in having restraints included in employment contracts for new employees," he tells Shortlist.

Some understanding of restraints is considered required professional knowledge for recruiters under the RCSA code, and Clennett recently hosted a webinar on the topic, following the publication of a new guidance note, prepared by the Association's professional practice advisor.

Recruiters need to be aware of restrictions that might impact a candidate being placed in alternative employment, both from their previous employer and in their new contract, Clennett says...