Non-Solicitation of Client: Changing Agencies

[WhoKnowz]

I have been contracting through with my UK limited company through a recruitment agency for 9 months now (till Dec2006). For the first 6 months until the end of Sept./2006 I had a contract that I signed with the following clause:

"Throughout the Assignment Period and for a period of 4 months afterwards the Contractor will not and will procure that the Personnel will not provide services similar to the Services or any information technology related services in any capacity either directly or indirectly to the Client . . ."

For renewal I had a lot of issues with the agency negotiating my new contract and never signed a new one since end of Sept./2006. The client is aware of the problems I have had and is supportive and willing for me to sign my new contract with a different agency.

My question:
Although I have been getting paid by the agency between Oct. to Dec 2006, I haven't really signed a new contract since October. As it will be 4 months by the end of January 2007 and technically I should not be covered by the above clause, do I still need to worry about switching my recruitment agency to another one?

Would appreciate any advice - especially legal!

[The Lone Gunman]

IANL but as soon as you turned up for the extension you accepted the agents contract and are still bound by it. Not signing one doesnt make a difference.

Talk to the agent. Tell them you are not happy with them but the client wants to keep you. See if they will settle.
Point out that if they dont play ball then they will lose you and any future chance of placing someone with the client.
cc the client.