Non compete clause after leaving as a contractor

[Biggles78]

Hello,
Earlier this year, I worked for a public sector organisation. I left due to the IR35 as my contract was deemed inside. I came across the role via a 3rd party outsourcing provider. My contract with the outsourcing provider states that after I leave, I should not for "3 months provide the Services
(or similar services) in any capacity and whether directly or indirectly through any company, partnership,
person or other third party" to the public sector organisation.

My role, whilst I worked in the public sector was essentially a back fill to cover some staff who were seconded to another project. The public sector organisaton has recently approached me and asked me to quote them for delivering a project - this will be a finely scoped piece of work done in a consultancy manner (outside of IR35).

My question is whether the work I've been approached for would fall under the 6 month non compete clause?

Thanks

[VectraMan]

Why would you think it isn't?

[SueEllen]

The way you describe it is the exactly the same PS body in the same location so the handcuff would be enforceable.

If it was a very large PS body e.g. HMRC, in a different location and a different department within it then you could argue that it was a restraint of trade.

[fool]

IANAL but if you didn't opt out then I believe the clause is probably unenforceable and you can fill your boots.

However, they're probably is an agreement between the PS client and the agency that stops them using you, so depending on the relationships it's likely they may discount you simply because of this.

Still, if you were backfilling one role before but would now be doing a finely scoped piece of work, it sounds like it's not even the same thing and you should go for it.

Personally, I'd go for it.

[billybiro]

My question is whether the work I've been approached for would fall under the 6 month non compete clause?

It almost certainly does, but I won't tell if you won't. Fill yer boots.

[Biggles78]

It almost certainly does, but I won't tell if you won't. Fill yer boots.

My thoughts exactly, I doubt they'd find out, especially as I contracted through an agency to another agency to the client!