Yes, but how do you prove it? I am pretty sure
VB were aware of the legislation when they introduced this scheme so you can be confident that it was run past the legal team before they introduced it. Legal proceedings are expensive and time consuming so you would want to be confident of a win. I once worked for a company that paid a $2k headhunters fee to anyone that introduced a successful candidate employee to the company. You would have to say that is a worse case given the financial inducement, but no one in this large company ever found issue with it. (money will usually temper any moral qualms)