I am waiting for PCG help line on that , but here it goes :
I had a standard “Restraint of trade” clause in my contract with Agent A . Now I have Agent B offering me a gig with the same client.
It has been less than 2 months since I have done the contract through Agent A and the “Restraint of trade” clause with Agent A is for 12 months.
Agent B is arguing that the clause in unenforceable in court solely because the client is a large company with multiple offices and departments. According to Agent B, because my contract with Agent A mentions only the main trade name of the client and DOES NOT mention any specific departments within that large client – I can work safely through Agent B – EVEN WITHIN THE SAME DEPARTMENT .
The work with Agent B is indeed for a different department , but I might end up working even in the same building.
I haven’t found support for Agent B’s claims on either the PCG or CUK forums.
I haven’t opted out with Agent A ( nor I was presented this option ) , nor opting out is mentioned in my contract with Agent A.
My “Restraint of Trade” clause with Agent A is worded like that:
I had a standard “Restraint of trade” clause in my contract with Agent A . Now I have Agent B offering me a gig with the same client.
It has been less than 2 months since I have done the contract through Agent A and the “Restraint of trade” clause with Agent A is for 12 months.
Agent B is arguing that the clause in unenforceable in court solely because the client is a large company with multiple offices and departments. According to Agent B, because my contract with Agent A mentions only the main trade name of the client and DOES NOT mention any specific departments within that large client – I can work safely through Agent B – EVEN WITHIN THE SAME DEPARTMENT .
The work with Agent B is indeed for a different department , but I might end up working even in the same building.
I haven’t found support for Agent B’s claims on either the PCG or CUK forums.
I haven’t opted out with Agent A ( nor I was presented this option ) , nor opting out is mentioned in my contract with Agent A.
My “Restraint of Trade” clause with Agent A is worded like that:
The Contractor cannot , except through the Company(Agent), provide or procure the provision of any services or carry out or procure the carrying out of any other business activity, work or
services for the Client or any Affiliate of the Client or for any third party
directly or indirectly introduced by the Client if the activity, work or services
are either the same as or similar to or competitive with the services provided
by the Contractor under this Agreement.
services for the Client or any Affiliate of the Client or for any third party
directly or indirectly introduced by the Client if the activity, work or services
are either the same as or similar to or competitive with the services provided
by the Contractor under this Agreement.
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