That is kind of my point really, if it is so easy to get someone, why don't they get someone else instead of using the people I have recruited, trained and invested in. But, like I said, they are not always taking them as cleaners so TUPE does not apply. The issue I have is that they found him to be reliable, and a good worker, so they offered him a job and expected me to go out and recruit and train again. I have a vested interest, I did not hold up the employee from moving, the contract I have with him is separate to what I have with the client. I put the clause in their to cover my loses, and as long as I have a vested interest and the clauses purpose is not to deter but to compensate it is legal