Is this enforceable??

[deneway]

Quote from contract

During the subsistence of this Agreement and for 12 months thereaftere the Consultant will NOT either directly or indirectly accept any employment with the Client or the End Client except by contracting throught XXXXX agency Ltd. etc etc etc unless you pay XXXXX agency Ltd 20% +VAT etc etc.

Just wondering if this sort of clause is enforceable by the agency, 12 months seems too long, not even permies have that sort of restriction when leaving their jobs (maybe in exceptional circumstances it may be true, but..).

Has anyone fell foul of this sort of thing? or indeed found a way round it..

Thanks

[Advocate]

Quote from contract

During the subsistence of this Agreement and for 12 months thereaftere the Consultant will NOT either directly or indirectly accept any employment with the Client or the End Client except by contracting throught XXXXX agency Ltd. etc etc etc unless you pay XXXXX agency Ltd 20% +VAT etc etc.

Just wondering if this sort of clause is enforceable by the agency, 12 months seems too long, not even permies have that sort of restriction when leaving their jobs (maybe in exceptional circumstances it may be true, but..).

Has anyone fell foul of this sort of thing? or indeed found a way round it..

Thanks

I got the "cant work for the client for xxx months" clause removed from my contract .

[ratewhore]

...not even permies have that sort of restriction when leaving their jobs

You are not a permie. Be very clear about the distinction...

[Turion]

No, next!

[Ardesco]

not enforcible, 3 or maybe 6 months would be but it would have to be your company that was not allowed to do it, not you personally as the contract is between your company and the agency, not you and the agency.

If you are opted in they cannot put in a handcuff clause it is illegal. If you have already met the client to have an interview and the pimp hasn't asked you about opting out you are opted in by law and nothing you or the client say, or sign can change that no matter what the pimp believes.....

If the handcuff clause is with your company there is nothing to stop you opening up another one and working for the end client through the new company straight away.

[NotAllThere]

Cross it out. Write 3 months, initial, sign the contract and send back. All part of negotiation.

[deneway]

Thanks for all your replies, much appreciated.

Cleared up a thing or 2

[Funkywood]

This is quite a big deal when dealing with pimps so can someone add a citation linky to the legal stuff please?

[malvolio]

This is quite a big deal when dealing with pimps so can someone add a citation linky to the legal stuff please?

That would need a dozen or so references to case law...

Roger Sinclair of EGOS did an article on it a while back, should still be out there somewhere. Briefly, the basic test is "Is it reasonable?" and that depends on a lot of factors (although "reasonable" is a well established legal concept, of course).

However, any contract clause is only enforeceable if you sign it. If you don't agree with it, don't sign it, get it changed to something mutually acceptable and sign that.

[NotAllThere]

Past decisions of the Courts make clear that a term in restraint of trade will only be regarded as enforceable to the extent that it goes no further than is reasonable for the protection of B's legitimate commercial interests.

There's probably more at www.egos.co.uk