I was working in France as a contractor for 18months and then took a permanent position with the client company where I provided my services. I was working through an Umbrella Company in the UK and signed a contract with them. They handled the contract with the Employment Agency (UK & French based) and signed it.
My contract came to a natural end (after several extensions) and I independently applied for and gained a permanent position in another division of the client company. After the employment agency discovered this (I had thought that the client had informed them before recruiting me), they said there had been a breach of a competition clause in the contract (though they did not say who had breached the contract) - my contract with the Umbrella Company did not include the clause regarding competition - they did not include it into my contract with them.
Now the employment agency is refusing to pay my final month's invoice to the Umbrella Company (and therefore me).
1. Do they have any right to do this?
2. Who is actually breaching the contract in this situation? I am assuming it can't be me if it was not in my contract with the Umbrella Company?
3. The Employment Agency have communicated no more after stating they will not pay the invoice, and I am concerned that based on the conditions of the clause I read, they will pursue me for 100% earnings for the next 12months!
I suspect I may have to obtain legal advice to even know if this is enforceable. Any advice is appreciated!
My contract came to a natural end (after several extensions) and I independently applied for and gained a permanent position in another division of the client company. After the employment agency discovered this (I had thought that the client had informed them before recruiting me), they said there had been a breach of a competition clause in the contract (though they did not say who had breached the contract) - my contract with the Umbrella Company did not include the clause regarding competition - they did not include it into my contract with them.
Now the employment agency is refusing to pay my final month's invoice to the Umbrella Company (and therefore me).
1. Do they have any right to do this?
2. Who is actually breaching the contract in this situation? I am assuming it can't be me if it was not in my contract with the Umbrella Company?
3. The Employment Agency have communicated no more after stating they will not pay the invoice, and I am concerned that based on the conditions of the clause I read, they will pursue me for 100% earnings for the next 12months!
I suspect I may have to obtain legal advice to even know if this is enforceable. Any advice is appreciated!
Comment