12 Months Restriction Rule (new)

[Andy Hallett]

[QUOTE=BlasterBates;2047943]

I'm basing my opinion on this article, i.e. that agency has to be fair about how he exercises the restrictive clause:

"But there is, unfortunately, no specific case law involving contractors and restrictive covenants when the clauses are used in ways for which they were not intended"

Not sure if the OP wants to be the one to stump up for the test case?

[eek]

"But there is, unfortunately, no specific case law involving contractors and restrictive covenants when the clauses are used in ways for which they were not intended"

Not sure if the OP wants to be the one to stump up for the test case?

Would you be so confident if say IPSE were willing to pay for the rules to become clear cut....

[BlasterBates]

"But there is, unfortunately, no specific case law involving contractors and restrictive covenants when the clauses are used in ways for which they were not intended"

Not sure if the OP wants to be the one to stump up for the test case?

I think it would be highly unlikely indeed that an agency thrown off the PSL is going to monitor all the contractors, and start some expensive rather pointless legal action. I've often seen contractors move agencies on renewal, and I've done it myself, though the agent said he wouldn't chase.

What I wouldn't do is jump ship mid contract, that would be a very strong case for the agency.

I don't see this as particularly risky, but no harm in getting a legal opinion.

[Andy Hallett]

I think it would be highly unlikely indeed that an agency thrown off the PSL is going to monitor all the contractors, and start some expensive rather pointless legal action. I've often seen contractors move agencies on renewal, and I've done it myself, though the agent said he wouldn't chase.

What I wouldn't do is jump ship mid contract, that would be a very strong case for the agency.

I don't see this as particularly risky, but no harm in getting a legal opinion.

I would think it very likely.

[BolshieBastard]

I would urge the OP to take proper legal advice as the above is simply not correct. Unfortunately (for contractors) the Bosman ruling does not apply.

My personal advice would be to cut a deal with both the agencies to split the commission and continue to supply.

It would be up to the agency to prove they have sufferred a loss not, the contractor so any 'test case' would have to be brought by the agency.

Seeing as the client has terminated the agency's ability to proved contract resources by removing them from the PSL, I think any agency would have a hard job convincing any court they had sufferred a loss on the contractor remaining at the client.

I also think it would be piss poor of any agency to persue a contractor in any such circumstances. obviously, Im not a lawyer.

[BolshieBastard]

I would think it very likely.

Obviously you mean S3 does.

[Andy Hallett]

It would be up to the agency to prove they have sufferred a loss not, the contractor so any 'test case' would have to be brought by the agency.

Seeing as the client has terminated the agency's ability to proved contract resources by removing them from the PSL, I think any agency would have a hard job convincing any court they had sufferred a loss on the contractor remaining at the client.

I also think it would be piss poor of any agency to persue a contractor in any such circumstances. obviously, Im not a lawyer.

I think it would be more likely for the agency to go after the client.

[Andy Hallett]

Obviously you mean S3 does.

We endeavor to monitor all our contractors before, during and after assignment - yes.

[Batcher]

We endeavor to monitor all our contractors before, during and after assignment - yes.

Creepy !!

[BlasterBates]

I would think it very likely.

What are restraint of trade clauses and will they ever be legal?

Restraint of trade clauses are usually contractual clauses that go too far in limiting competition on the market. Under the proper functioning of competition law it is the policy of the law to ensure that all traders are free to select with whom they contract.

The general rule regarding restraint of trade clauses is that they are unenforceable at common law. However, a Court may decide to enforce such clauses if they are considered to be reasonable with the reference to the interests of both of the parties and do not breach the public interest in free trade.

In other words in this particular instance the OP should have no qualms in extending with the client, and probably best ignore the agency.