Can my old agency sue me for working for another company within the client group?

**WTFH** · 26 August 2015, 14:52

12 months exclusion? Ouch. I know of one agency that does that - searching on here by their name will show you how much they are loved.

You could try explaining to the new agency that you have signed a 12 month lock out, and that if they are prepared to take the responsibility, then you are happy to proceed with them.

**DaveB** · 26 August 2015, 14:57

Originally posted by ipage1 View Post

My assignment with Barclays ended on 31st july, and my agent has done nothing to find me another role. I've been offered an interview at Barclaycard someone else , but my contract with the agency prohibits me from working for Barclays or OTHER companies in the group for a YEAR after my last contract expired.

Can they enforce this silly restriction baring in mind they have now forgotten I exist - they even tried to get ME to look fro other roles so that THEY could get the commission without doing anything.

I do not want to end up in trouble, so not really sure what to do

Ring the original agency and ask them if they have the job on their books, and if so, why you weren't contacted about it.

If they haven't got it, go ahead with the other agent. If they have got it and didnt put you forward, go ahead with the other agent.

In both cases they cannot show that they will have suffered a loss of revenue as a result of you using another agency and the handcuff becomes un-enforcable.

**czakky** · 26 August 2015, 15:08

Originally posted by ipage1 View Post

My assignment with Barclays ended on 31st july, and my agent has done nothing to find me another role. I've been offered an interview at Barclaycard someone else , but my contract with the agency prohibits me from working for Barclays or OTHER companies in the group for a YEAR after my last contract expired.

Can they enforce this silly restriction baring in mind they have now forgotten I exist - they even tried to get ME to look fro other roles so that THEY could get the commission without doing anything.

I do not want to end up in trouble, so not really sure what to do

12 Months is pretty hardcore, however, the best thing to do is to read your contract and push back on terms like this before you sign them.

However, do remember that Barclays and Barclaycard are 2 total different companies in terms of setup, teams, and recruitment PSL's (I recruit for one and not the other, trust me!) - if your first agency is not on the Barclaycard PSL, go for it, the handcuff clause is totally invalid as they have to prove a loss of earnings - which they can't.

**Dallas** · 26 August 2015, 15:10

Resource Solutions will still have you and your prior agency on their books as they onboard you, cant get away from that.

What they do with that - let us know

**northernladuk** · 26 August 2015, 15:13

People are getting hung up on 12 months. Forget that. The OP is talking about 2 months here... 12 months is very difficult to enforce as it's not really fair or reasonable except for fairly extreme circumstances. 6 months is however is more than reasonable and OP is even less than that.

So yes... the OP is well within the timescales of a handcuff so it's valid from that point. The question would be the agency proving loss. As mentioned they are completely different organisations so you aren't going back to an old client. It's a new one so I'd say the handcuff is completely invalid in this case... Unless Barclays and Barclaycard have a shared agreement with PSL's but I'd be surprised at that.