I did a contract with "Company A" though "Agency Z". That finished 6 months ago. I have been asked by "Company A" to come back and work for them again, but "Agency Z" is not on their supplier list........but the contract I signed for the previous contract (like most I have come across) says that the I have to work through "Agency Z" if I work for "Company A" for 12 months following the end of the last contract. I'm going to be very upset if I can go back because of this as its a cracking role! Any ideas?
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Tied to an agency....
Collapse
X
-
-
6, 9, 12 months
Not being a legal expert, here is my opinion, based around experiences of friends, colleagues and my own experiences of being caught out under these regulations.
As a basic rule I have found that a 12 month restriction is unenforceable (seen one go to court and fail) a 6 month restriction is enforceable (seen one go to court and suceed) and a 9 month one is debateable. (an ex colleague is still fighting this in court now).
So if it were me, then I would suggest that the 12 month restriction you have is on dodgy ground, but best to get proper legal advice.
As a side point, what is the wording of the restriction? My last one said that I could not work for the end client direct, or any of it's suppliers or customers. Seeing as it had a customer base in the hundreds of millions, I deemed that preventing me rfom working for any one of 300million people worldwide was unenforceable. The agency dropped that one.
But again I will say, i'm not a lawyer and you should get proper, paid for advice.
NN"Israel, Palestine, Cats." He Said
"See?" -
Originally posted by whyohwhy View PostI did a contract with "Company A" though "Agency Z". That finished 6 months ago. I have been asked by "Company A" to come back and work for them again, but "Agency Z" is not on their supplier list........but the contract I signed for the previous contract (like most I have come across) says that the I have to work through "Agency Z" if I work for "Company A" for 12 months following the end of the last contract. I'm going to be very upset if I can go back because of this as its a cracking role! Any ideas?
If you are in PCG phone the Legal Help Line
Usual caveats apply. IANAL, IANAAComment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment