Pissing off your last permanent role company

**DaveB** · 21 March 2006, 16:21

Originally posted by cswd

Ok so I've jumped head first into contracting and general consultancy and have landed a couple of reasonable things through "business relationships" (the joys of having a couple of other IT companies in the family).

Now my last permanent role (MS gold partner) are getting the arse with me in writing, especially as I was on a trial period when I left (a weeks notice is lovely but their £8k to the agency wasn't so well spent!). Basically there is a no competition clause on their contract which apparently I have violated by marketing my skills as a company after leaving the company. They are apparently not happy. Neither of the contract's i've obtained are within IR35 (strictly B2B!) or are of the subject matter I was dealing with prior to leaving (ecommerce).

How should I deal with this? Other than going to solicitors who are randomly expensive and/or crap.

Should I just tell them to shove it?

Get your permie contract over to Bower and Cotterall(sp?) and ask them to have a look at it. They specialise in this sort of stuff. They advertise on the CUK website and PCG if you cant find them otherwise.

**privateeye** · 21 March 2006, 16:30

Tell them to shove it sounds like sour grapes to me. As long as you have worked your notice and did not use your time there to take their customers then I doubt very much you have anything to worry about. Someone their bodged up paying £8,000 to the agent before the trial period ended.

**The Lone Gunman** · 21 March 2006, 16:54

IANAL but doesnt the fact that you were on a trial period mean you had not actually become an employee and therefore no contract terms had begun?

They are taking the piss, as long as you are not working in competition with them you are doing nothing wrong.

Write back using words such as harrasment and restriction of trade.

**Chappo** · 21 March 2006, 23:27

they cant stipulate that you cannot work in the industry as it is anti-competative.

What they can stipulate is that you cannot work for one of their customers for a period of time, nor use any of your connections made whilst working for the company. (but im not sure how enforcable this is)

**tim123** · 22 March 2006, 08:50

Originally posted by privateeye

Tell them to shove it sounds like sour grapes to me. As long as you have worked your notice and did not use your time there to take their customers then I doubt very much you have anything to worry about. Someone their bodged up paying £8,000 to the agent before the trial period ended.

Few agencies have contracts that let you not pay just because the guy leaves, even during a trial. As far as they're concerned they've done their job and they expect to be paid. It's not their fault if the company didn't conduct the interview process properly.

tim

**privateeye** · 22 March 2006, 09:22

Originally posted by tim123

Few agencies have contracts that let you not pay just because the guy leaves, even during a trial. As far as they're concerned they've done their job and they expect to be paid. It's not their fault if the company didn't conduct the interview process properly.

tim

Sensible employers would stand up for themselves and don't let agencies dictate all the terms and conditions. There are a lot of employers out there who only pay one amount up front and if the applicant passes a trial period the remaining amount is paid. I do know one permie guy who was pursuaded by an agency to stay until the probation period finished so they could get their money - he was given a nice little incentive.

Pissing off your last permanent role company