Trying to understand handcuff clause details / Consultancy

[cyborg1337]

If that's the case you are about to be the piggy in the middle of an all out turf war - which won't work out for you unless it's the end client insisting you move consultancy and thus agency.

Yeah, so end client wants me to keep me long term. Old consultancy is trying to replace me with cheaper staff, annoying the end client.

Obviously the safest would be take a 6 month break, join new one. But it's a long gap.

[ladymuck]

Yeah, so end client wants me to keep me long term. Old consultancy is trying to replace me with cheaper staff, annoying the end client.

Obviously the safest would be take a 6 month break, join new one. But it's a long gap.

Then you need to get the end client to do the talking to make sure their multiple consultancies don't get the hump. They have the contractual relationship with the consultancies and should be managing your transition to another one.

[WordIsBond]

Then you need to get the end client to do the talking to make sure their multiple consultancies don't get the hump. They have the contractual relationship with the consultancies and should be managing your transition to another one.

This, mostly. The end client is the one who has the power to make this happen, if they want it, ask them to make it happen.

Perhaps I missed it, but is "Client" in the contract clause you cited defined as the end client or the consultancy you are currently with?

[Drei]

Not to ask a very stupid question, but how will they find out?

Are you going to tell them? is the client going to tell them, is anyone going to tell them willingly? Do they have other people working there that could inform them? Will they be visiting the office and could see you?
Most other contractors you work with have absolutely no idea through which agency you are working there, doubt they even care. No one likes their agency, just means to an end. Seriously, what are they going to do, get a rep in the office or outside the office and ID you? You gonna update your LinkedIn and say where you are for tulips and giggles?

I never saw any of the above, if by chance their account manager pops in, they won't even know you worked through them, nor will they step inside the working area, most likely a meeting room somewhere or Starbucks down the road.

Won't they need a court order or such to request that kind of personal information? Besides, as you pointed it out, the Client would just give them tier 1 info, as in the Consultancy you work through.
If I was to play devil's advocate, I would ask, so how do you know X person that you engaged via Y Ltd is now working for one of your clients? We saw them there. How do you know they were working there and not visiting since they worked there? We think that he must be.... OK, you find the definite proof that they are working there and come back to me.

If this stuff was enforced, no one would work anywhere ever. Especially in a specific industry, ie Public Sector)) If you worked for 1 NHS trust, you wouldn't be able to work for any other trust since there could be a link. Communication and Information in the UK is amazing, the Left Hand hardly ever knows what the Right Hand is doing.

[northernladuk]

Another contractor on site with the agency tells them.

[BlasterBates]

If the current agency is not offering an extension or a cut then they have a very weak case. The handcuff clause is not there to stop fair competition.

[northernladuk]

If the current agency is not offering an extension or a cut then they have a very weak case. The handcuff clause is not there to stop fair competition.

This is very true but looking at his terminology he says he's switching when contract lapses. He's also providing thr same services to the client so it's highly likely the agent isn't losing rh contract. He will know better though.

[BlasterBates]

This is very true but looking at his terminology he says he's switching when contract lapses. He's also providing thr same services to the client so it's highly likely the agent isn't losing rh contract. He will know better though.

From what I understand the consultancy is looking to replace him. The client has evidence of this, so I think the case would be weak. I presume that due to this there is no offer for an extension.

[northernladuk]

From what I understand the consultancy is looking to replace him. The client has evidence of this, so I think the case would be weak. I presume that due to this there is no offer for an extension.

Anyway, my plan is to jump to one of them AFTER my contract ends. The old one will still be around.

I read this is all his idea purely to avoid the handcuff.

[eek]

I read this is all his idea purely to avoid the handcuff.

The OP only revealed that the consultancy he currently works through wishes to replace him in his fourth post.

So if he's trying to escape a handcuff clause that's the OP's problem and will create the turf war I mentioned earlier.

if the poster has not received a renewal from the consultancy then while I can see the consultancy would be annoyed I don't think there is anything they can do about it.