Contract Question

[1yearlater]

Has anyone had any experience of this?

A little background...

For 18 months about 2 years ago I worked for a client via an agency. I then took a couple of other contracts in the 2 years that had passed. On the off chance I went and visited the Ex-Client and got talking and they offered me 3 months worth of work. I accepted, an agency was then undertaken to effectively factor the invoices.

(The client is a large IT Services Company)
My contract is due to finish in 2 weeks and as I was brought in to resolve a few problems it is unlikely to be renewed. I have started to look around for a new role and have come across a stumbling block. I am applying for a role that is with the same client but on a completely different contract and location of theirs. In my current contract I have a clause which reads:

"the company agrees that for the duration of this agreement and for a period of six months following the termination of this agreement it shall not enter into an agreement with the client or any company which is part of the corporate group of the client"

This now sates that I can not undertake another contract with the client in any capacity for the next 6 months, as described the agency was effectively brought in to factor the invoices and I gained the work direct. In hindsight I know it is my fault as I should have had this taken out of the contract! Has anyone come up against this and is it upheld?

[TheFaQQer]

Since you were introduced to the client before you signed anything, then you are opted into the agency regulations. This clause can be disregarded - read up on the regulations, but once you leave the client, you can go back direct after 8 weeks (IIRC) with nothing the agent can do about it.

[OrangeHopper]

You will probably find that the agency will not enforce that clause because they recognise you were direct and they did not introduce you.

One of the problems today is that many agencies put out a bog standard contract regardless of whether or not you are direct. In some case the client has even dictated some of the terms. The agency can be reluctant to change the contract because it does not want to involved the bread winnner (i.e. the client) but will recognise that certain clauses do not apply.

It was so much easier when all you got was a purchase order!

[chicane]

Since you were introduced to the client before you signed anything, then you are opted out of the agency regulations.

Surely you mean "opted in" ?

[TheFaQQer]

Surely you mean "opted in" ?

Yeah - that's what I said

Just checking that everyone else was awake out there...