Thoughts to Ponder whilst commuting...

[TheFaQQer]

What the OP described was YOU can only work with US, which is completely different

" So for duration of contract you can't go and gig for another client."

I was writing from my perspective, ie. my contracting company will only work with your client company = exclusivity clause.

Which is what you said, just from the client perspective

I've edited the original to make it clearer which perspective I meant.

[quackhandle]

Cheers for the comments, even though my initial question seemed a tad illogical.

qh

[TheFaQQer]

To celebrate my 1000th post stick in yer thoughts and ponderables (business wise) you had during the dull commute.

I did wonder this morning about would having an exclusivity agreement in your contract by the client put you inside IR35? So for duration of contract you can't go and gig for another client. Could you charge more because of this?


qh

In answer to the second part - if a client was clearly expecting that, I would be charging a premium regardless of any impact on IR35 status.

[billybiro]

What the OP described was YOU can only work with US, which is completely different

" So for duration of contract you can't go and gig for another client."

What if you (the person) have two companies? Your ClientA insists on an exclusivity clause with YourCompanyA which you agree to, but then when not working for the ClientA via YourCompanyA, you separately contract with ClientB via YourCompanyB.

Exclusivity clause remains intact (YourCompanyA is only working for ClientA and no one else) whilst at another time you (the person) are working for ClientB under a contract that ClientB has with YourCompanyB.

Simples.

[tractor]

...

What if you (the person) have two companies? Your ClientA insists on an exclusivity clause with YourCompanyA which you agree to, but then when not working for the ClientA via YourCompanyA, you separately contract with ClientB via YourCompanyB.

Exclusivity clause remains intact (YourCompanyA is only working for ClientA and no one else) whilst at another time you (the person) are working for ClientB under a contract that ClientB has with YourCompanyB.

Simples.

Anything that ends in 'simples' usually isn't

I would suggest in the situation you quote, any court that tested it would consider that you should have mentioned the second company during negotiations as it would be material to those discussions. In my original post I should have made it more clear of course I meant to make the distinction between yourco and you. Quite often the clause will state something like 'The company also warrants that the consultant will... blah, blah'