Could DH be sued for poaching colleague?

[Monvelo]

DH recently left his employer for another. A junior colleague asked him where he was off to and if they had any other jobs going. DH advised colleague should approach new employer direct. The colleague subsequently had an interview and accepted a job. DH was asked for his opinion of the colleague by new employer. But otherwise had no involvement. Ex boss now knows they're both headed to the same place and is threatening to sue DH and new employer. Does he have any grounds? I've read about anti-poaching clauses in contracts but don't think DH's contact had this. DH genuinely tried to keep out of things as thought this could happen, as let's say the ex employer has form for things. DH just wants a clean start away from them!

I don't think so, if there's no non compete or poaching clause. Also, get the impression from your wording that DH hasn't even started the new job yet? So can't be held even remotely responsible for their actions.
I would just encourage DH to deny all responsibility, on repeat 'nothing to do with me'.

What does DH's contract of employment say?

Unless there is very well worded provision, probably something that would only apply outside of ordinary work, I suspect it won't go further.

I have anti poaching clause in mine he should check his contract

The answer depends entirely on what the contract says so we cannot help you. He should also let new employer know if he has any restrictions in his contract - they will not appreciate the first thing they hear being a letter from a solicitor if it comes to that.

No, he's not started yet. But had probably signed a contract when the colleague spoke to him.

He doesn't think there's an anti poaching clause. From what a third person has said to him. But he will check himself.

But if there IS an anti poaching clause, would his actions be enough to constitute poaching?!

We need to know if there's an anti-poaching clause with the previous employer, not the new one.

Yes, it could be argued that this was poaching, but very difficult for the previous employer to prove. Threats are unlikely to be followed through, but his ex-employer could try to tarnish his reputation.

I highly doubt the ex employer would actually go through with it. He'd spend a lot of money, and what would he gain?

Sounds more like a general chat between colleagues and quite a natural development within the business world. Your husband hasn't set out to poach ex colleagues from what you've said!

When I say he doesn't think there's an anti poaching clause, I do mean with the ex employer. A third person has told him that there wasn't this clause. This third person is DH's ex manager, who took DH on, and who has left the employer already. But it sounds like DH should check this himself if he wants to stop worrying.

I don't see how this can be construed as poaching. Informing a colleague where you're heading is not poaching. The old employer can't prove he gave positive informal feedback when colleague did apply. Even if he admits it, he didn't encourage him or tell him about any specific posts or get involved in the hiring.

How could an employer stop employees applying for jobs where an ex employee works?

Unless you've missed part of the story out where does the poaching element corne?

Unless he interviewed him/offered him the job, he didn't poach him?

The guy literally applied to work at the same company.