I have operated as Ltd Co. for four years always through agencies without any issues. I am currently 10 months into my current contract via a consultancy who always work as an agency. I have had no contact with them during my assignment apart from initial phone conversation to set up meetings and the odd emails regarding invoicing. Recently I have found out that the agency has been sharing my invoice information with a colleague (who is also contracted through them) and also increased their charges to the client without me seeing any benefit.
The client has approached me about starting on a new assignment: different project/location/rate etc, and I'm keen to do this direct and not use the agency. Whether or not I will continue to have input into my current assignment on a part-time basis is tbd.
The applicable clause in my contract with agency reads as follows: "The Consultant agrees that for a period of one year after the Operative(s) has (have) completed the Assignment under this Agreement, the Consultant will not undertake work direct for the Client or any subsidiary company of the Client in conflict with the interests of the Company." It may be worth noting that my contract has no end date and does not read specific to an assignment (learning curve!) although it was accepted that I was taken on for a specific project.
I see my options as follows: 1. Set up another Ltd Co (not ideal), 2. Work via an Umbrella Co (no experience of this), 3. Continue to do a limited number of hours on current assignment so that it has not 'completed', 4. Argue with agency that I am not happy with service or professionalism and the clause will limit my potential to earn?
I would appreciate views from anyone with greater knowledge or experience..? Thankyou