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you change umbrella, you lose the client?

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    you change umbrella, you lose the client?

    Hi there,
    I joined an umbrella company less than one month ago through a recruitment agency, and I am thinking to change company as I found out that they require minimum 2 months notice (unless I don't leave during the first month), which means not being able to accept a full time job offer if I'd like to.
    The problem is this clause:

    13. POST TERMINATION RESTRICTIONS

    13.1 You hereby agree that you shall not (without the prior consent in writing of the Company) for a period of 12 months immediately following the termination of your employment with the Company, indirectly or directly or through an agency or otherwise and whether on your own behalf or in conjunction with or on behalf of any other person, firm, company or other organisation, (in any Capacity whatsoever), (a) be employed or engaged in, or (b) perform services in respect of, or (c) be otherwise concerned with the Customer for whom you were carrying out an Assignment, provided always that the provisions of this clause 13.1 shall apply only in respect of Services with which you were either personally concerned or for which you were responsible whilst employed by the Company during the 12 months immediately preceding the termination of your employment.

    Now, I still want to work with the same recruitment agency and the same clients, and I don't understand why I can't work for the same client as is the recruitment agency that finds me the assignment, not the umbrella.
    I asked to the recruitment agency and they told me many contractors change umbrella company without any issues(but they didn't say they broke this clause).
    So what should I do?
    Is it normal that if you change umbrella you have to lose a client/job?

    Thank you for your help!

    #2
    It's not unusual for an employee to have a restriction on who they can work for straight away when they leave that employment.

    Ask the umbrella - you may be able to negotiate around it, but essentially you are asking them to waive their profit on you for a while, having already incurred costs in setting you up as an employee.

    Doesn't seem unreasonable to me that they want to stop you walking out and leaving them out of pocket, and without their revenue stream.
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    Comment


      #3
      Originally posted by TheFaQQer View Post
      Doesn't seem unreasonable to me that they want to stop you walking out and leaving them out of pocket, and without their revenue stream.
      Thanks for your answer thefaqqer!
      For me is fair if the recruitment company that finds me clients for me doesn't allow me to work for them if I wuit the company, as I got that job through them.
      The umbrella company doesn't offer me any job, it simply manages my pratical stuff and get paid for it.
      why should my clients be their property?
      For a creative freelance is vital to build a client portfolio, and finding new clients to add to your portfolio is the hardest part of the job...

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