Want2EndIt: How do these clauses combine (notice period, contract period, conflictOI)

[PTP]

I've searched through interesting termination posts -
http://forums.contractoruk.com/busin...rmination.html
was a good find but there's still things I want to check

Contract says
The company warrants that it has indenitfied to us the person to be engaged by the Company for the purposes of initially performing the Company Services on its behalf as the Representative and that the Representative has been so engaged for a period of not less than the respective Contract Period or, in the case of a person other than the named Representative, will be engaged for the relevant part of the respective Contract Period

The company and seperately the Representative shall not in relation to the relevant Client or End User during an assignment or for 6 months thereafter act or do any act capable of being in competition with us and you acknowledge that you agree to this clause as a result of the provision by us or the Client of confidential information to you.

You acknowledge and agree that there is no implied restraint upon either the Representative or the Company in providing services to any other party so long as there is no conflict of interest.

You may terminate an assignment on or after the Commencement Date if a Notice to Terminate is specified for that party in the relevant Assignment upon giving to the other notice in writing of not less than the relevant period of notice Assignment says 2 weeks


As I've mentioned in another post, I accepted an extension that says December but client says they really only need me until May/June. They put Dec so that they don't need to go through the trouble of getting approval for an extension again if they decide they still want me. I've been offered another contract for better money, easier work, longer term. I've handed in notice and the agency is calling this a breach, but isn't saying which specific term is being breached.



Under the conflict of interest and/or "being in competition with agency" clauses, have I breached even just by applying for another contract?
If not, is there anything else you can see I'm breaching if I give 2 weeks notice to end it for another contract at a rival client through a rival agency?

If there is a breach, then my next question is:
I've seen a common reply to this query is "tell them you'll use a substitute". If I did that and agency or client say no they aren’t happy with this substitute, then am I still handcuffed to this contract?


Thanks

[VirtualMonkey]

can't see why you would be in breach as long as you're not going to the same clientco in the new contract.
forget them and jog on I say. Notice periods work both ways. They'd have no issue getting rid of you (and to be fair if it suited them they wouldn't even sign notice they'd fabricate something to get you out the door quicker than that).

Sounds like a kicking has been dealt from clientco to agent and they are trying to get you to stay. Not the best way to do it IMHO.

I think to put you at ease you should have the contract checked by a legal person.

Personally I would still be exiting stage left.

[LisaContractorUmbrella]

From what you have said there doesn't seem to be anything that would represent a breach of contract but you should check your extension paperwork to make sure that the terms haven't been revised

[northernladuk]

I've handed in notice and the agency is calling this a breach, but isn't saying which specific term is being breached.

You want to get a firm answer to this. At the moment you have nothing to go on. Find out exactly what it is they think is the problem. I am guessing they are banding terms around with no basis to scare you. If they can't nail it to something in particular you are in the clear, if they do come back with something tangible you can then start to fight it/sort it.

[TheFaQQer]

Assignment says 2 weeks

So give the two weeks notice (which is what you have done) and move on.

If the agency really can find something where you are in breach, you have a number of possibilities.

1) what clauses have you got in the contract to remove mutuality of obligation? If there is a standard IR35-friendly anti-MOO clause in the contract, then that is your get out clause - you have the right to refuse work, and they have the right not to offer it.

2) if you can offer a substitute, and you provide one which they accept, then do that.

3) if you can offer a substitute, and you provide one that they don't accept, then depending on the substitution clause, that may be another way out.