Restrictive working

[Oakfield]

A contract I was working on ended in Sept last year, and I have been offered a role at the same end client with another company as a contractor. I have not had any work from my existing agent or the company providing maintenance to the client I worked for for over three months. My contract said I could not return to an end client for 6 months. However the middle company lost their maintenance contract there a year ago. Neither agent or company have provided me with any work since. The original contract was until June which I signed but got extended until sept. I really like the place where I work and actually enjoy it. Can I continue with the new maintenance supplier ?

[BolshieBastard]

If your original agent is no longer on the client's PSL, I dont see how they can claim they are losing any commission if you go back via a different agency.

I'd say go 'head and if the original agent whinges, tell them as they arent on the PSL, they arent losing anything.

[TheFaQQer]

Can I continue with the new maintenance supplier ?

You need to take professional advice rather than just asking a bunch of strangers on the internet.

The answers you are going to get will be:

1) Did you opt out properly before starting the contract?
2) No, you need to contact the agency
3) Yes, you'll be fine
4) Maybe, try it and hope the agency doesn't find out.

[SueEllen]

You need to take professional advice rather than just asking a bunch of strangers on the internet.

WHS

To add to above - none of us know the exact wording of your restrictive clause.

It may actually be legally unenforceable but only a lawyer who can see the entire contract can tell you that.

Alternatively it could be worded so it is easy to enforce.

[northernladuk]

If your original agent is no longer on the client's PSL, I dont see how they can claim they are losing any commission if you go back via a different agency.

I'd say go 'head and if the original agent whinges, tell them as they arent on the PSL, they arent losing anything.

This. There is no loss to prove so the handcuff isn't fair or reasonable. Problem is the regardless of the legal side of it the parties may kick up such a fuss the client won't want to get involved and bin you.

Personally I'd just apply for it.

[BlasterBates]

This has asked many times. Handcuff clauses have to be reasonable. It is very unlikely indeed in your case that you will have a problem

http://http://www.contractoruk.com/contractors_questions_what_if_i_breach_a_restricti _4996.html

One expert describes it as a "elephant in the room" principle i,e, if an agent is not protecting a legitimate interest i.e. you're not jumping mid contract, you can ignore it.

The fact that you they ended the contract means there is no legitimate interest any more. It would be a different matter if they placed you with an alternative client, I think and you were still working through them. Personally I wouldn't bother with legal advice just go ahead.