Restrictive Clause Sanity Check

[Fresh Air]

Hi All, I'm hoping for a sanity check on an agency contractual clause.....it reads:-

The Consultancy shall not and shall procure that the Consultancy Staff shall not for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months save in the case of supply through a Company or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment.

Am I right in that I can not return until 6 months after the termination date of the contract? Im a bit confused as to what the second half (in itallics) means?

e.g. If the contract was from Dec to Dec, but I terminated the contract early in April, I am only able to return to the Client in October (if I dont want to involve the agency)?

Thanks In Advance for your advise

[SueEllen]

If you are opted-out you can't return to the client for 6 months after termination of the contract unless you go through them or someone (consultancy or recruitment agency) you were also registered with when the contract started.

Due to the term period and the fact you are allowed to go back to the client in those terms I would suggest it's actually reasonable if you are opted-out.

[Fresh Air]

If you are opted-out you can't return to the client for 6 months after termination of the contract unless you go through them or someone (consultancy or recruitment agency) you were also registered with when the contract started.

Due to the term period and the fact you are allowed to go back to the client in those terms I would suggest it's actually reasonable if you are opted-out.

Hi, thanks for the quick reply...

Why does it make a difference if im opted out or not? I note from your post this is pecifically in itallics...

[SueEllen]

Hi, thanks for the quick reply...

Why does it make a difference if im opted out or not? I note from your post this is pecifically in itallics...

As you are obviously an intelligent person and don't need spoon feeding I suggest you google - "The Conduct of Employment Agencies and Employment Businesses Regulations 2003" and any guidance on the Act.

You can also do a search here for "opt-in" or "opt out".


Edited to say: Not wanting to spoonfed you but here is a link to a thread - http://forums.contractoruk.com/busin...-2003-act.html

[Fresh Air]

Hi, thanks for the quick reply...

Why does it make a difference if im opted out or not? I note from your post this is pecifically in itallics...

Or are you meaning that this clause would be null and void if im opted in due to the 8 weeks maximum stated in the Employment Regs?

I opted out at the start of the original contract (had about 4 with the same client in succession but the initial opt-out is still valid), I terminated the contract early but am now considering a return to the client....and Im coming up to 6 months since I terminated the contract. Therefore, the way I read it is I can happily go back at 6mnths + 1 day and not have to involve the agency

[SueEllen]

O. Therefore, the way I read it is I can happily go back at 6mnths + 1 day and not have to involve the agency

Yep.

[Fresh Air]

Yep.

Thanks SueEllen - I thought that was the case but just wanted a sanity check