Non-Solicitation Situation

[Papavar]

Hi,

4 months ago I finished a 12 month contract with a client, through an Agency named on my contract schedule as "XX IT". I've now been offered another contract with the client through their onsite recruitment guys, who are the same agency, minus the 'IT' bit (judging by their email sigs). I've queried the contract clause with the onsite recruitment guys and they confirm that 'they're all part of the larger XX group and therefore it doesn't come into play'. I have this in writing.

FYI - the non-solicitation clause is here:

NON-SOLICITATION
14.1 You hereby agree that you will not, either personally or via any other means
(such as a limited company or partnership) for a period of 12 months
following the end of your assignment provide services to an End User
introduced to you via the Company or a Client. Failure to adhere to this will
entitle the Company to terminate your employment immediately without
giving you any notice or paying you in lieu of notice. In addition, should you
breach this clause you are personally responsible for meeting any claim (as
well as associated costs) made against the Company by a Client."

Anybody think this might be an issue, or am I ok?!

THANKS!

[craig1]

If it really worries you, get them to get the old agency to give you a written waiver of the term in relation to the new agency.

[Papavar]

Good idea, thanks. I'll ask!

[Papavar]

Hmm.. the response I got was that the onsite guy knows the person who issued my original contract and if challenged, I should just send him to the onsite agency guy to discuss. Apparently it would be an internal Agency XX issue and not affect my recruitment into the role.

I've also sent a copy to the umbrella company (who issues the contract I signed) to get their take on it. Trying to cover all bases!

[Wanderer]

Hmm.. the response I got was that the onsite guy knows the person who issued my original contract and if challenged, I should just send him to the onsite agency guy to discuss. Apparently it would be an internal Agency XX issue and not affect my recruitment into the role.

So according to them they could "terminate your employment immediately without giving you any notice or paying you in lieu of notice. In addition, should you breach this clause you are personally responsible for meeting any claim (as well as associated costs) made against the Company by a Client" and they want you to accept a verbal assurance that it won't be a problem?

Yeah, right. Get the numbskulls to put it in writing.