Agency tie-in 6Months need advice

[SueEllen]

NLUK and Coolcat you are both fighting about nothing.

Until we have the exact wording of the handcuff clause you can say if it's enforceable or not.

I've had handcuff clauses in my own contracts which are unenforceable and the agents have been told it. However more amusingly is that they don't know what to do to make the clause enforceable.

[CoolCat]

NLUK and Coolcat you are both fighting about nothing.

Until we have the exact wording of the handcuff clause you can say if it's enforceable or not.

I've had handcuff clauses in my own contracts which are unenforceable and the agents have been told it. However more amusingly is that they don't know what to do to make the clause enforceable.

Yes but it is still good advice to the original poster to get the clause checked out along these lines. It would be entirely possible for only the umbrella to be restricted and not the individual contractor, for instance. I don't tell agents when their contract clauses are unenforceable, its better they don't know until the day you choose to use that knowledge, they would only try and put an enforceable clause in at renewal or similar which is not in your interests. As for my esteemed Northern colleague, I'm getting bored at him spouting on every topic under the sun and his self perception that he knows more than everyone else on the entire planet about everything.

[SueEllen]

Yes but it is still good advice to the original poster to get the clause checked out along these lines. It would be entirely possible for only the umbrella to be restricted and not the individual contractor, for instance.

Problem is if you use an umbrella you don't see the contract. So the agency can and probably has put random clauses in that are unenforceable. The umbrella company doesn't care as long as the agency pay them and they can take a cut of your money.

I don't tell agents when their contract clauses are unenforceable, its better they don't know until the day you choose to use that knowledge, they would only try and put an enforceable clause in at renewal or similar which is not in your interests.

If you use a solicitor to review your contracts then you via them are required to tell the agency something along the lines of that clause is unenforceable remove it/change it or my client will ignore it.

Most agencies check you are using a solicitor and then will agree to modify the contract as appropriate.

[northernladuk]

Oh name calling! I do have experience with that from the kids!

[northernladuk]

NLUK and Coolcat you are both fighting about nothing.

Until we have the exact wording of the handcuff clause you can say if it's enforceable or not.

I've had handcuff clauses in my own contracts which are unenforceable and the agents have been told it. However more amusingly is that they don't know what to do to make the clause enforceable.

This. Nearly every thread we have on behalf of a 'friend' ends up like this as very little detail is passed on and we can never get to the bottom of it so the thread just goes south. Why people can't start their own threads I don't know.

In most cases handcuffs are threatened but they are not fair or reasonable so will fail. Going perm from a contract or trying to go back to the same gig under a new agent tend to be the few cases that are as the agent can prove loss so tend to have the upper hand.

To give Coolcat some credit I am also happy for them to put unenforceable terms in and then point this fact out at the time they try and pull it. Another good example of this is trying to enforce opt out after you've started at the client. It's just not worth pointing as it just causes and argument. I'll just wait till they pull it and then point the situation out.