Hi,
I have 8 weeks contract working trough Agency (A), for Service Provider (SP) but services are carried for big Client (BC).
My contract is with A and SP is mentioned there as Client and BC is not mentioned there at all.
I opted-out and here is the handcuff clause:
"The Consultancy shall not and shall procure that the Consultancy Staff shall not during the Assignment or for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months."
where
"Consultancy" is my LTD
"Client" is Service Provider
Now, as you can imagine, BC offering me direct contract immediately after current one will end - this big move for my career and potentially long-term assignment. I already used search and went trough tens of similar cases, but was unable to find the same.
My questions are:
1. Does the wording of this clause matters? For example contract end referred in the contract as "expiration" and termination is used when one of the parties terminate it before end date:
"This Agreement shall commence on the date set out in the Schedule and shall continue until completion of the Consultancy Services to the reasonable satisfaction of the Client at which time this Agreement shall expire automatically unless previously terminated by the Employment Business or the Consultancy giving the other party the period of notice specified in the Schedule."
To me it seems as the handcuff clause above only applicable if either party terminates contract before its end. Or the wording is irrelevant here?
2. Am I correct assuming that in court Agency can only claim reasonable money - so if they getting now 50 pounds a day, they will be unable give reason to claim any more?
3. Is there any way to get legal representation for such cases (IPSE, Qdos or any other)? - I don't even know if Agency will try to sue, just want to be prepared?
Sorry for raising this question again, just wanted to ask community opinion on it...
I have 8 weeks contract working trough Agency (A), for Service Provider (SP) but services are carried for big Client (BC).
My contract is with A and SP is mentioned there as Client and BC is not mentioned there at all.
I opted-out and here is the handcuff clause:
"The Consultancy shall not and shall procure that the Consultancy Staff shall not during the Assignment or for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months."
where
"Consultancy" is my LTD
"Client" is Service Provider
Now, as you can imagine, BC offering me direct contract immediately after current one will end - this big move for my career and potentially long-term assignment. I already used search and went trough tens of similar cases, but was unable to find the same.
My questions are:
1. Does the wording of this clause matters? For example contract end referred in the contract as "expiration" and termination is used when one of the parties terminate it before end date:
"This Agreement shall commence on the date set out in the Schedule and shall continue until completion of the Consultancy Services to the reasonable satisfaction of the Client at which time this Agreement shall expire automatically unless previously terminated by the Employment Business or the Consultancy giving the other party the period of notice specified in the Schedule."
To me it seems as the handcuff clause above only applicable if either party terminates contract before its end. Or the wording is irrelevant here?
2. Am I correct assuming that in court Agency can only claim reasonable money - so if they getting now 50 pounds a day, they will be unable give reason to claim any more?
3. Is there any way to get legal representation for such cases (IPSE, Qdos or any other)? - I don't even know if Agency will try to sue, just want to be prepared?
Sorry for raising this question again, just wanted to ask community opinion on it...
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