Contract clause in conflict with Conduct of Employment Agencies act

[captainjon]

I've been given a pre contract document to sign since i decided to opt into the Conduct of Employment Agencies Act. This is
in effect negating the benefits of opting in, since it prevents me from going direct with the client, ever.

This is before i even get the actual contract, so my question is should i ask them to remove the offending clause or will
my opt in make their contract clause worthless?

[northernladuk]

What? So this 'pre contract'. What did it actually say.. The content of it is pretty important if you are wanting advice really. You go on to mention the handcuff clause. So what else is in there? Why is it a pre contract?

Have you had it checked by a specialist such as QDOS? If not do so first. Second, tons of posts about handcuff clauses on here so a search will help but in a nutshell a handcuff has to be fair and reasonable. It exists to protect parties from demonstrable loss. If it's not fair and reasonable, which 'forever's is not, then it doesn't have a hope of standing up. Get it removed if possible, failing that get it changed, failing that don't worry because it's essentially rubbish in its current form.

Don't rely on the opt out to cover you. Deal with the source of the problem.

[Andy Hallett]

I've been given a pre contract document to sign since i decided to opt into the Conduct of Employment Agencies Act. This is
in effect negating the benefits of opting in, since it prevents me from going direct with the client, ever.

This is before i even get the actual contract, so my question is should i ask them to remove the offending clause or will
my opt in make their contract clause worthless?

A commercial contract cannot override the EAA. They may well write it, but I cannot foresee A circumstance where it would be enforceable.

[SueEllen]

I've been given a pre contract document to sign since i decided to opt into the Conduct of Employment Agencies Act. This is
in effect negating the benefits of opting in, since it prevents me from going direct with the client, ever.

This is before i even get the actual contract, so my question is should i ask them to remove the offending clause or will
my opt in make their contract clause worthless?

Firstly if we don't know what the exact clause is how are we suppose to give you detailed advice?

Secondly even if you opt-out, even if you are completely unique, no one can prevent you working with a company directly ever. It's unenforceable in UK courts. Simply tell the agency you won't be signing it as even if you were opted-out the clause is unreasonable and can't be enforced.

[northernladuk]

Hmm. Now I might get this completely wrong as I forget the exact details of opt in arrangements but isn't there still a break possible even though it's not the handcuff, you can't go direct whichever is the earlier of: 8 weeks from the end of the contract or 14 weeks from the start?

Where it doesn't stop you going direct it could still be unpalatable by the client.

Hope I've not remembered this completely wrong.

[captainjon]

thanks for the input, i'll ask the agency to change the contract.