Change to contract on Renewal

[chriswilde]

I have been working for Unisys via an agency for about 3 years , getting 6 monthly renewals, however the renewal sent to me this time has had the foll0wing clause added :

The Company shall not and shall procure that any Resource provided in the performance of the
services in the course of the Assignment shall not, whether directly or indirectly through any
company, partnership or person, solicit nor enter into any contract with the Client or with any third
party introduced to the Company or any Resource by the Client, to provide any services of the same
or a similar nature to those required in the course of the Assignment during the Assignment Period
or during the twelve months following the Assignment period without AGENCY prior written consent,
which consent may be withheld in AGENCY absolute discretion or granted, subject to any conditions
AGENCY may wish to impose.


i work through my own limited company , i have asked the agency and they say verbally that this clause was added because some staff who were site based left on a friday and started direct for the client on the monday and providing i work my notice period the clause doesn't affect me.

the reason i am worried is that i have been approached by a company who do work for one of the clients customers to do a not dissimilar role on more money..can i leave after my notice period and then work for this other company doing basically the same job for one of their customers.

[The Lone Gunman]

I have been working for Unisys via an agency for about 3 years , getting 6 monthly renewals, however the renewal sent to me this time has had the foll0wing clause added :

The Company shall not and shall procure that any Resource provided in the performance of the
services in the course of the Assignment shall not, whether directly or indirectly through any
company, partnership or person, solicit nor enter into any contract with the Client or with any third
party introduced to the Company or any Resource by the Client, to provide any services of the same
or a similar nature to those required in the course of the Assignment during the Assignment Period
or during the twelve months following the Assignment period without AGENCY prior written consent,
which consent may be withheld in AGENCY absolute discretion or granted, subject to any conditions
AGENCY may wish to impose.


i work through my own limited company , i have asked the agency and they say verbally that this clause was added because some staff who were site based left on a friday and started direct for the client on the monday and providing i work my notice period the clause doesn't affect me.

the reason i am worried is that i have been approached by a company who do work for one of the clients customers to do a not dissimilar role on more money..can i leave after my notice period and then work for this other company doing basically the same job for one of their customers.

If you dont like the clause then cross it out or dont sign the renewal.

My agency tried this on me. I accepted the handcuffs as far as the client was concerned but pointed out that there is no relationship beyond MyCo, Agent and ClientCo that they can reasonably claim to have any claim on. I asked them to remove the bit about third parties etc.

I think the legal bods will tell you about restrictions to trade and stuff.

Go and work for the new company. DOnt tell the agent.

IANAL. I am not qualified to give this advice.

[Sockpuppet]

Yep its all tulip.

There is no way they can hold you to it only yourco (who the contract is with).

Nothing to stop you starting a new Ltd co and contracting with the client after all your co cannot tell you who the work for including your new co.

Remove the third party stuff though.