legal action advice

**NotAllThere** · 18 November 2016, 13:57

12 months is almost certainly restraint of trade and therefore invalid. Since is appears the client sacked the agent, the agent has not suffered any loss due to your action. My guess would therefore be that the agent (with respect to your company) hasn't got a leg to stand on.

You should probably get a contractor savvy lawyer to write a letter to agent.

**cojak** · 18 November 2016, 14:10

A contract savvy solicitor ought to do the job as well.

Lawyers can come later - you just need to call the agent's bluff.

**northernladuk** · 18 November 2016, 14:21

Originally posted by momochord View Post

The agent wasn't able to find me replacement work so I carried on working as I had no alternative. It almost feels a denial of work for me.
.

It does but it's also loss of income from the agent so don't be so precious. You did have an alternative, you adhere to your contractual positions, negotiate and if that doesn't work you go find more work like contractors do.

I think this is going to be pretty complicated so need to go straight for legal advice. There are very few details here but as NAT said 12 months isn't normally fair so could be invalid but working straight for the client after the agent couldn't be any more black and white so it would initially look like the agent has a very strong case. Whatever the wording the courts will favour the party that can prove loss.

There will be an upper contract between him and the client which we can't see which should have some form of poaching/handcuff and then there is the one between you and the agent. You should have read this and understood it rather than just blundering in. It's there for a very good reason as you are finding out. Yes it might appear to be a denial of work but it's a contractual agreement which you either have to negotiate to a mutual ending or ignore and face the consequences.

Get a lawyer but take this as a lesson to understand what you do better. You are a CONTRACTor and the contract isn't there just to look pretty.

I'd put money on bluff and bluster from the agent and a few stiff letters from your solicitor will make it go away.

**VectraMan** · 18 November 2016, 14:42

Originally posted by momochord View Post

Hi,

I have an old recruitment agent who is potentially seeking legal action against my company because his client has taken me on directly as they didn't want to pay extra commission to the agent. He has a 12mth clause in his contract stating that the consultant cannot work for the end client during this period. The agent wasn't able to find me replacement work so I carried on working as I had no alternative. It almost feels a denial of work for me.

Who has the clause? That makes it sound like there's no clause in your contract with the agent.

**BrilloPad** · 18 November 2016, 15:17

Have you spoken to the client on this? They may well have a similar letter. You could pool resources to fight this?

**Lance** · 18 November 2016, 15:21

Last time I checked it was £1500 as a fixed fee for legal advice and all the letters required to make this go away. It probably will go away but you need an expert to make sure it's done properly. Say no more to the agent and get lawyered up.

**MrMarkyMark** · 18 November 2016, 15:30

Originally posted by northernladuk View Post

It does but it's also loss of income from the agent so don't be so precious. You did have an alternative, you adhere to your contractual positions, negotiate and if that doesn't work you go find more work like contractors do.

I think this is going to be pretty complicated so need to go straight for legal advice. There are very few details here but as NAT said 12 months isn't normally fair so could be invalid but working straight for the client after the agent couldn't be any more black and white so it would initially look like the agent has a very strong case. Whatever the wording the courts will favour the party that can prove loss.

There will be an upper contract between him and the client which we can't see which should have some form of poaching/handcuff and then there is the one between you and the agent. You should have read this and understood it rather than just blundering in. It's there for a very good reason as you are finding out. Yes it might appear to be a denial of work but it's a contractual agreement which you either have to negotiate to a mutual ending or ignore and face the consequences.

Get a lawyer but take this as a lesson to understand what you do better. You are a CONTRACTor and the contract isn't there just to look pretty.

I'd put money on bluff and bluster from the agent and a few stiff letters from your solicitor will make it go away.

Absolutely this.

**chopper** · 18 November 2016, 16:40

Who actually told the agent you were now contracting directly?

Read these

Contractors' Questions: What if I breach a restrictive clause? :: Contractor UK

**Lance** · 18 November 2016, 16:41

Originally posted by chopper View Post

Who actually told the agent you were now contracting directly?

^^This is an excellent point.
Also... can the agent prove you've gone direct? Without proof they have no leg to stand on. Of course if you've spoken to them not understanding the ramifications then you may have provided them the proof.

legal action advice