Tied to an agency....
I did a contract with "Company A" though "Agency Z". That finished 6 months ago. I have been asked by "Company A" to come back and work for them again, but "Agency Z" is not on their supplier list........but the contract I signed for the previous contract (like most I have come across) says that the I have to work through "Agency Z" if I work for "Company A" for 12 months following the end of the last contract. I'm going to be very upset if I can go back because of this as its a cracking role! Any ideas?
-
-
6, 9, 12 months
Not being a legal expert, here is my opinion, based around experiences of friends, colleagues and my own experiences of being caught out under these regulations.
As a basic rule I have found that a 12 month restriction is unenforceable (seen one go to court and fail) a 6 month restriction is enforceable (seen one go to court and suceed) and a 9 month one is debateable. (an ex colleague is still fighting this in court now).
So if it were me, then I would suggest that the 12 month restriction you have is on dodgy ground, but best to get proper legal advice.
As a side point, what is the wording of the restriction? My last one said that I could not work for the end client direct, or any of it's suppliers or customers. Seeing as it had a customer base in the hundreds of millions, I deemed that preventing me rfom working for any one of 300million people worldwide was unenforceable. The agency dropped that one.
But again I will say, i'm not a lawyer and you should get proper, paid for advice.
NN"Israel, Palestine, Cats." He Said
"See?" -
If Agency Z sue you, they can only claim for the profit they stood to lose. As they cannot place anyone in that role, thye haven't lost anything, so can't sue for anything.Originally posted by whyohwhy View Post
If you are in PCG phone the Legal Help Line
Usual caveats apply. IANAL, IANAAComment
Comment