Handcuff clause - again...

[NotAllThere]

Not sure where you are going with this one but your new client will drop you the moment the threat of legal action appears. You are a contractor and not important enough to risk legal action for.

This depends entirely on the circumstances and the client. If the client has offered the OP a direct contract, then the client is may well be aware of the perils of poaching. They may already be prepared to make some compensatory payments. Or they may feel that the companies higher up the chain won't rock the boat for fear of upsetting the client.

Not all contractors are bums on seat commodities. The way you post seems to suggest that this is your experience of contracting. It isn't mine. It is not unknown for a client to want a specific person. When Big Client decides they want someone, usually they get their way.

Back in the late 90s an agency got into a legal argument with a client over my contract. The client's legal department defended it successfully. I didn't suddenly find myself out of work. I did spend an hour (paid!) chatting with one of their legal team about the case - well 10 minutes about the case, and 50 minutes about contracting in general.

[northernladuk]

Indeed. All of this is the other possibility. It's just such a complex situation it's hard to get a reasonable all encompassing piece of advice.

[Sub]

Just wanted to give some update as the story came to its end now.

Firstly I asked Agency, "what if" I will be offered something by BC. As it was expected, Agency replied that I can't work for anyone who shake my hand during the engagement and (!) if any offering will happen I must contact them to accommodate the gig.

Then independent legal advice was taken (BC shared its view on the issue as well, but as 'opinion' only) and it was quite clear that biggest risk at the moment is non-payment of last invoice from Agency - any legal proceedings from Agency against my LTD are very unlikely.

Agency was made aware about new arrangement during BC screening process and followed-up our conversation about restriction clause, but after inconsistencies in our contract were pointed out they agreed that the existing wording is not clearly restricting me working for BC. Later on they fully paid my last invoice as well.

I hope this will help contractors in same situation to evaluate their own options.

[Boo]

...
Agency was made aware about new arrangement during BC screening process and followed-up our conversation about restriction clause, but after inconsistencies in our contract were pointed out they agreed that the existing wording is not clearly restricting me working for BC. Later on they fully paid my last invoice as well.

I hope this will help contractors in same situation to evaluate their own options.

So that's a total win then - great news !

Boo