Loss of earnings and transfer fee opportunities

The claimant, a staffing agency, lost their worker base through transfers to a new agency appointed to undertake work for the client. The client and the agency acted together to obtain the claimant’s staff as the new agency had no workers in that region.

The new agency had undertaken negotiations in respect of the transfer of staff but changed position and moved (with the client) to compel staff to switch agency.

We set out the losses arising during the time required to replace the lost staff and rebuild the business. In addition we set out the short term losses through termination of ongoing assignments as the staff moved agency and the expected transfer fees under the contractual arrangements.