Contract Help for a friend

**cojak** · 21 July 2015, 19:38

Originally posted by AdamP View Post

Hello

I wondering what my friends stance is on the below Scenario

I friend of mine currently work as a contractor a a continuous project for a large comapny (CompA) using an Umbrella Company to pay me. CompA pays CompB who employ CompC who my friend work for through an employment agency (AgencyA). AgencyA pasy teh Unbrella company. CompB is removing service of CompC in 6 weeks and want to employ CompD to take over. CompB has requested that my friend move to new CompD. My Friend wants to go direct to CompD missing out the employment agency. The employment agency has said I can't do this due to my conract and must go through the Employment agency. The restriction is listed below

"13. RESTRICTION
The Intermediary shall not (and shall procure that the Agency Worker shall not) for a period of 6 months following the termination of the Assignment supply the services of the Agency Worker directly, or through any other person, firm or Employment Business, to any Hirer for which s/he has carried out Assignments at any time during the previous 6 months"!

My friend wants to know as he hasn't carried out any services for COmpD in past 6 months can he move to COmpD direct?

Any questions happy to answer and if too confusing just let me know happy to answer any questions

Thanks in Advance

Yes.

Please rewrite this without the 'My Friend' nonsense. You've told us it's YOU half way through your story.

**mudskipper** · 21 July 2015, 19:44

Originally posted by cojak View Post

Yes.

Please rewrite this without the 'My Friend' nonsense. You've told us it's YOU half way through your story.

And in the very first word.

I think you're going soft, cojak.

**TykeMerc** · 21 July 2015, 19:45

Originally posted by cojak View Post

Yes.

Please rewrite this without the 'My Friend' nonsense. You've told us it's YOU half way through your story.

Indeed, far too many I, Me "slip ups".

Has "your friend" talked to Company D about going direct? Are they willing to deal with you directly?
Are you willing to fight Agency A? Will the supply chain you're working for put up with any fuss about the contracting arrangements?

**TheFaQQer** · 21 July 2015, 19:45

I'm not sure I've got the chain right, but let's have a go...

Current chain: Friend > Umbrella > Agency A > Company C > Company B > Company A
Future chain offered: Friend > Umbrella > Agency A > Company D > Company B > Company A
Future chain wanted: Friend > Umbrella > Company D > Company B > Company A

(I'm very confused why the umbrella pays you, though, so I'm ignoring that bit!)

But there's an agency restriction preventing the umbrella from bypassing the agency.

The first question that your friend needs answering is whether his employer (the umbrella) are happy to take the risk and sign a new contract with Company D, bypassing the agency. If they are, then that's great and it's their lookout; if they aren't then that's the end of the discussion unless your friend is going to cut out the umbrella as well and go somewhere else.

**northernladuk** · 21 July 2015, 19:47

Is English your second language?

**TheFaQQer** · 21 July 2015, 19:53

Originally posted by northernladuk View Post

Is English your friend's second language?

FTFY

Contract Help for a friend