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Same client, different agency - advice please

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    Same client, different agency - advice please

    I work for a large-scale programme. I came
    in through one agency who lost their ability to supply me before my contract with them ended. They ran out of money on their contract with the programme.

    They were unable to find work for me elsewhere and terminated my contract with them.

    After discussions with the client I remained on the programme by coming through another agency.

    Having looked at my contract with the first agency there is a clause which says I cannot work for the same client through another agency for up to six months after my contract has ended.

    What is the legal standpoint of this? I can understand the clause being there to stop poaching but in this instance, they terminated my contract.

    Restrictive covenants such as this are usually only enforceable to the extent that they are reasonable to protect the legitimate business interests of the agency. If they cannot supply you, it is less likely it would be enforceable. If you did not opt out of the Conduct Regulations when you signed up with the agency, the restriction would be unenforceable period.