6 month Clause in my Agency Contract restricting me going direct

[barrydidit]

Also worth remembering the agent does add some value, even if it doesn't seem like it

Assuming you get paid promptly, on time, then that is a big plus. I worked direct for a while, and without exception, was chasing every invoice. Typically 2-3 months till I got paid. It caused bad feeling when I threatened to charge them interest - and, perhaps coincidentally, my contract terminated soon afterwards.

At current clientCo, agent pays me 14 weeks after the end of the month. Another contractor who went direct was waiting 45 days, although AFAIK, he was then always paid 'on time'.

Knowing the money will be in yourCo's bank at the right time is a big plus.

14 days, Shirley?

[jmo21]

Have many of you paid off an agent like this in the past?

How much did you pay?

But risky if things go tits up at client co, their budget gets cancelled, and they terminate you.

[TheFaQQer]

Also worth remembering the agent does add some value, even if it doesn't seem like it

Assuming you get paid promptly, on time, then that is a big plus. I worked direct for a while, and without exception, was chasing every invoice. Typically 2-3 months till I got paid. It caused bad feeling when I threatened to charge them interest - and, perhaps coincidentally, my contract terminated soon afterwards.

At current clientCo, agent pays me 14 weeks after the end of the month. Another contractor who went direct was waiting 45 days, although AFAIK, he was then always paid 'on time'.

Knowing the money will be in yourCo's bank at the right time is a big plus.

+1

My current contract is invoice at the end of the month, payment 60 days later. Whilst I like the thought of still getting paid months after I leave, waiting for the first invoice (including two weeks in their offshore office, all expenses paid) was a bit of a worry.

[contractor555]

this is a concern to me too

My contract with client and recruitment agency ended the other month but I see there is a small clause in the contract saying I cannot work for the same client again for the next 6 months.

Client is huge and has sites all over the UK and globe. Other agencies are saying this is not an issue or concern as I would be taking out a new job with a new role. Old agent won't know or pursue and its more bark than bite.

However the ownership would be on me and it could potential be me pursues legally.

Is this something to be concerned about and stop me working and have people actually be legally pursues before.

Want to understand risk and likelihood

Thanks

555

[SueEllen]

My contract with client and recruitment agency ended the other month but I see there is a small clause in the contract saying I cannot work for the same client again for the next 6 months.

Client is huge and has sites all over the UK and globe. Other agencies are saying this is not an issue or concern as I would be taking out a new job with a new role. Old agent won't know or pursue and its more bark than bite.

However the ownership would be on me and it could potential be me pursues legally.

Is this something to be concerned about and stop me working and have people actually be legally pursues before.

Want to understand risk and likelihood

Thanks

555

Instead of adding a new question to an old thread start your own new thread.

In the thread state you have searched for answers and can't find one that fits your situation.

Do this NOW.

[northernladuk]

Use the term handcuff and use the search method as described in the FAQ section. You'll find your answer in no time.

[contractor555]

apologies, i tried created a new thread but it wasn't happening as i'm new to the site today. Maybe it takes 24 hours to be moderated. Need some info asap as big decisions to make. Will search FAQ so thank you

[contractor555]

Use the term handcuff and use the search method as described in the FAQ section. You'll find your answer in no time.

What is Agent A is totally taking the mick like 40% and client is huge and has also Agent B C D & E. If contractor comes back under agent B or C how likely is Agent A to find out and if so would they sue the contractor in courts. Agent B and C have told contractor he is now free for new assignment and not to worry its more bark then bite. But contractor needs to understand risk and if people get sued regular.

[TheFaQQer]

Other agencies are saying this is not an issue or concern as I would be taking out a new job with a new role. Old agent won't know or pursue and its more bark than bite.

That's fantastic news - just get them to put in writing an indemnity that says that if the other agency pursues you then they will pay any legal bill plus any compensation due to the other agency. If they are so confident that they are right, it'll be simple for them to agree to that

[northernladuk]

What is Agent A is totally taking the mick like 40% and client is huge and has also Agent B C D & E. If contractor comes back under agent B or C how likely is Agent A to find out and if so would they sue the contractor in courts. Agent B and C have told contractor he is now free for new assignment and not to worry its more bark then bite. But contractor needs to understand risk and if people get sued regular.

I wouldn't underestimate the lengths an agency may go to protect their revenue stream. If this role you are going to is visible to the old agent then they will be discussing it with the client. There is always the chance they'll spot on linkedin, see you on site, word of mouth with client or other contractors etc. I don't think you trying to disappear on a big site is a good way to avoid being sued by an agency, particularly if the handcuff is a slam dunk. Better to get it all out in the open and negotiate the situation. They could waive the handcuff to keep sweet with the client or the client will strong arm them in to dropping it etc.