IT Contracts Lawyer

[fieryjack]

hi can anyone recommend a lawyer that specialises in the wording in IT Contracts?

For example I'm particularly interested in the EU Right to Work which may negate the 12 month restriction / handcuff clause.

thanks

[cojak]

Bauer & Cotterell or Qdos

[malvolio]

Roger Sinclair of Egos wrote the definitive anaylsis of this some time ago. Basically if you take it to court, the test that will be applied is "Is this restriction reasonable?". If you have no special skills or company knowledge, or any real commercial value to a comptetitor, then it probably isn't and can be struck down. If you have, then the company is probably being reasonable in limiting how quickly their competitors can take advantage of those skills. So there isn 't a hard and fast rule for it, it depends on several factors.

That said, anything over three months limit for a jobbing contractor is simply the agency being greedy.

[SueEllen]

hi can anyone recommend a lawyer that specialises in the wording in IT Contracts?

For example I'm particularly interested in the EU Right to Work which may negate the 12 month restriction / handcuff clause.

thanks

Have you opted-out before you met the client? If not the restriction doesn't apply so the agency an put in any wording they want and you can ignore it. (One reason to never opt-out.)

As malivio has pointed you to a guide then unless you want more clauses rewritten/negotiated then there is no point.

If it does come to it - and rarely do agencies go that far once you get a solicitor onto them- not only does the time limit of the clause can get contested but also the wording. Agencies have a habit of not only making their time limit too long but making their clause too wide.

[fieryjack]

thanks, that's interesting.

one reason to opt-out is so that I can get taxed as Ltd Company and not have to go on the client's payroll.

agency said they're also not allowed to place contractors who haven't opted-out, but I suspect that's just sales talk.

this particular agency is being greedy, IMO, but they've admitted they're not looking for repeat business with the client, and have agreed to let me go after 6 months so I can work directly if the contract extends. this is not ideal but saves the hassle of going to court.

thanks again

[malvolio]

thanks, that's interesting.

one reason to opt-out is so that I can get taxed as Ltd Company and not have to go on the client's payroll.

Rubbish, the two are not connected. Get back to the First Timer guides and make sure you know what you're talking about.

agency said they're also not allowed to place contractors who haven't opted-out, but I suspect that's just sales talk.

Also rubbish. The agency have zero say in the matter, If they try to influence your decision, they're breaking the law

this particular agency is being greedy, IMO, but they've admitted they're not looking for repeat business with the client, and have agreed to let me go after 6 months so I can work directly if the contract extends.

If that's really the case then they can put it in the contract. If they aren't willing to do that, then it's never going to happen.

this is not ideal but saves the hassle of going to court.

Where you probably wouldn't win anyway. The contract between agency and client - that you won't see - will almost certainly stop them taking you on.

If you want this to happen as described, talk to the client and get them to sort it out. You don't appear to have a big enough stick.

[fieryjack]

Rubbish, the two are not connected. Get back to the First Timer guides and make sure you know what you're talking about.

my accountant said this to me

If that's really the case then they can put it in the contract. If they aren't willing to do that, then it's never going to happen.

yes it's in the contract

Where you probably wouldn't win anyway. The contract between agency and client - that you won't see - will almost certainly stop them taking you on.

surely if the contract between client and agency has to be reasonable and 12 months is not?

[NotAllThere]

my accountant said this to me

Either you've misunderstood or you urgently need to find a new accountant.

[malvolio]

my accountant said this to me

Get a new accountant then. One who doesn't understand your business is no use to you. Or do your own research so you understand your own business, of course.

yes it's in the contract

So what's the problem, exactly? If they've signed up to it, it's binding and they are likely to honour it . Why do you think you need to take legal action? Or are we just having a bit of fun...?

surely if the contract between client and agency has to be reasonable and 12 months is not?

As I said earlier, it depends what they are protecting. That's what defines what is "reasonable". If you were the only person who understood an industrial product with a patent life of 30 years, then a handcuff of 30 years may be seen to be reasonable to protect your employer's business interests.

[SueEllen]

yes it's in the contract

If it's in the contract and you signed it, you have accepted it.

You should check things agencies say and get your contracts reviewed BEFORE signing any of them.

While you can fight it now, personally I wouldn't waste time and money doing so particularly as you don't know what is in the agency-client contract.

surely if the contract between client and agency has to be reasonable and 12 months is not?

Apart from the point malvolio has made, has it occurred to you that the senior management or HR at the client may consider a 12 month clause reasonable on their side because they don't want the same contractors on site for years?