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restrictions clause

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    restrictions clause

    All,
    Please advice me on the below.

    There is a clause in my contract with the agent that "During the Term and for 12 months thereafter, the Consultant Company and the Consultant shall not directly or indirectly compete with the agent in any way, nor shall it supply to the Client"

    So it is saying, if I leave the current role, cannot join for next 12 months through a different agency ?

    how can I get around this please ?

    Many thanks in advance

    #2
    Originally posted by beoptima View Post
    All,
    Please advice me on the below.
    Amazing how one word causes some many problems. At least it's different to see it this way around... It's 'advise you' not advice. Normally they get it the other way around.
    There is a clause in my contract with the agent that "During the Term and for 12 months thereafter, the Consultant Company and the Consultant shall not directly or indirectly compete with the agent in any way, nor shall it supply to the Client"

    So it is saying, if I leave the current role, cannot join for next 12 months through a different agency ?

    how can I get around this please ?

    Many thanks in advance
    Complex area this and there are two factors. There is getting around the legalities and there is getting around an agent throwing his weight around and scaring the client/other agents even though it might not stick legally. They can make it to troublesome for the other outfit to want to deal with you.

    Very much depends on the detail of the situation. 12 months isn't normally enforceable as it's generally seen as too long but if you are directly taking money out of the pocket of the outgoing agency it will still stick.

    If the old agency has had their contract cancelled by the client and they will get no more money from the account then the handcuff isn't valid. They have to demonstrate a loss. If they can't they don't have a leg to stand on.

    The general issue has been covered endlessly and you'll find all the posts in the link below but the detail is important.

    https://www.google.co.uk/search?sour...xk&safe=active

    Have a read through some of them to get an idea of how it works and to see if any match your case.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by northernladuk View Post
      Amazing how one word causes some many problems. At least it's different to see it this way around... It's 'advise you' not advice. Normally they get it the other way around.


      Complex area this and there are two factors. There is getting around the legalities and there is getting around an agent throwing his weight around and scaring the client/other agents even though it might not stick legally. They can make it to troublesome for the other outfit to want to deal with you.

      Very much depends on the detail of the situation. 12 months isn't normally enforceable as it's generally seen as too long but if you are directly taking money out of the pocket of the outgoing agency it will still stick.

      If the old agency has had their contract cancelled by the client and they will get no more money from the account then the handcuff isn't valid. They have to demonstrate a loss. If they can't they don't have a leg to stand on.

      The general issue has been covered endlessly and you'll find all the posts in the link below but the detail is important.

      https://www.google.co.uk/search?sour...xk&safe=active

      Have a read through some of them to get an idea of how it works and to see if any match your case.
      Many thanks.Will check.

      It is a case of the client willing to take me through their internal agency. My contract is due for an extension and I'm looking to leave the current agency

      Comment


        #4
        Originally posted by beoptima View Post
        Many thanks.Will check.

        It is a case of the client willing to take me through their internal agency. My contract is due for an extension and I'm looking to leave the current agency
        Well in a case like that the handcuff should stick as the agency is losing money but it as it's their client as well it would be a bit daft of them to be playing silly buggers. In a case like this IMO, it's down to the client to negotiate the situation. They could strong arm the agent and tell them no more business from us if you don't let this chap go. They could pay the agent off or something as well. In theory negotiation should put this one to bed.

        That said, if the agent is slowly having their noses pushed out of the trough they could snap at some point and hold the internal agents bang to rights and wring every penny out of it. Only you will know the politics but if the client is on yours side it usually works out OK.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by northernladuk View Post
          Well in a case like that the handcuff should stick as the agency is losing money but it as it's their client as well it would be a bit daft of them to be playing silly buggers. In a case like this IMO, it's down to the client to negotiate the situation. They could strong arm the agent and tell them no more business from us if you don't let this chap go. They could pay the agent off or something as well. In theory negotiation should put this one to bed.

          That said, if the agent is slowly having their noses pushed out of the trough they could snap at some point and hold the internal agents bang to rights and wring every penny out of it. Only you will know the politics but if the client is on yours side it usually works out OK.
          That really helps..many thanks for all your inputs

          Comment


            #6
            Originally posted by beoptima View Post
            All,
            Please advice me on the below.

            There is a clause in my contract with the agent that "During the Term and for 12 months thereafter, the Consultant Company and the Consultant shall not directly or indirectly compete with the agent in any way, nor shall it supply to the Client"

            So it is saying, if I leave the current role, cannot join for next 12 months through a different agency ?

            how can I get around this please ?

            Easy. Don't tell the original agent when you go back to the client directly or via another agent.

            Comment


              #7
              Originally posted by billybiro View Post
              Easy. Don't tell the original agent when you go back to the client directly or via another agent.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                Originally posted by billybiro View Post
                Easy. Don't tell the original agent when you go back to the client directly or via another agent.
                ^^ This. They'll never find out, unless you let it slip.

                Comment


                  #9
                  Originally posted by SlipTheJab View Post
                  ^^ This. They'll never find out, unless you let it slip.
                  There are plenty of chances they will. Dodging handcuffs on the hope you might not get found out is risky at best.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    There are plenty of chances they will. Dodging handcuffs on the hope you might not get found out is risky at best.
                    He who dares Rodney

                    Comment

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