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Contract Restriction Covenant Terms

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    #11
    It's me who wants to go direct as the last contract through them was a nightmare. Was given a lot of false promises and always cornered me into situations where I had to agree to lower than expected rates or risk going out of work for a few months. I work in a niche area and is not as easy to just leave and find something else.

    Been out of contract for 4 months now. Can't afford to wait for 2 more months. The client won't wait for me either. If I go through them it'll be me taking the substantial cut as their budget is limited due to COVID. I understand going through them will be the last resort for me, but was hoping the terms are not enforceable due to their ambiguity.

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      #12
      Originally posted by bbp View Post
      It's me who wants to go direct as the last contract through them was a nightmare. Was given a lot of false promises and always cornered me into situations where I had to agree to lower than expected rates or risk going out of work for a few months. I work in a niche area and is not as easy to just leave and find something else.

      Been out of contract for 4 months now. Can't afford to wait for 2 more months. The client won't wait for me either. If I go through them it'll be me taking the substantial cut as their budget is limited due to COVID. I understand going through them will be the last resort for me, but was hoping the terms are not enforceable due to their ambiguity.
      You didn't answer the question on if you signed an agency regs op out ? If you didn't then the restriction clause is 8 (?) weeks.

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        #13
        Originally posted by bbp View Post
        It's me who wants to go direct as the last contract through them was a nightmare. Was given a lot of false promises and always cornered me into situations where I had to agree to lower than expected rates or risk going out of work for a few months. I work in a niche area and is not as easy to just leave and find something else.

        Been out of contract for 4 months now. Can't afford to wait for 2 more months. The client won't wait for me either. If I go through them it'll be me taking the substantial cut as their budget is limited due to COVID. I understand going through them will be the last resort for me, but was hoping the terms are not enforceable due to their ambiguity.
        the only real way to find out if it's enforceable is in a court of law.
        It seems to me that unless the client develops a backbone there are three possible outcomes.

        1) You go via the agency
        2) you go direct and end up in legal dispute with a cost of around £1500 to start, and maybe more if it gets to court and you lose
        3) you don't get the gig as it's too much like hard work
        See You Next Tuesday

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          #14
          Originally posted by Lance View Post
          the only real way to find out if it's enforceable is in a court of law.
          It seems to me that unless the client develops a backbone there are three possible outcomes.

          1) You go via the agency
          2) you go direct and end up in legal dispute with a cost of around £1500 to start, and maybe more if it gets to court and you lose
          3) you don't get the gig as it's too much like hard work
          You missed option 4 of holding back the 20% and then negotiating with the agency if/when they start threatening you. Not one for those who like a quiet life but I bet the agency would accept 10%.

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            #15
            Originally posted by rootsnall View Post
            You missed option 4 of holding back the 20% and then negotiating with the agency if/when they start threatening you. Not one for those who like a quiet life but I bet the agency would accept 10%.
            sort of.
            I'd count that as option 2 though. I wouldn't want to be negotiating over a contract breach without legal assistance.
            See You Next Tuesday

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              #16
              Originally posted by rootsnall View Post
              Did you opt out of the agency conduct regulations ?
              This ^

              If you did not opt-out (correctly) the maximum handcuff clause is only 14 weeks
              Originally posted by Stevie Wonder Boy
              I can't see any way to do it can you please advise?

              I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

              Comment


                #17
                Originally posted by SimonMac View Post
                This ^

                If you did not opt-out (correctly) the maximum handcuff clause is only 14 weeks
                whilst true. It's still option 2 for me as you could well end up arguing about whether it's been done correctly or not. This will still be an agency with the hump, and whether they have a case or not, they do still have a right to seek redress.
                See You Next Tuesday

                Comment


                  #18
                  Originally posted by bbp View Post
                  It's me who wants to go direct as the last contract through them was a nightmare. Was given a lot of false promises and always cornered me into situations where I had to agree to lower than expected rates or risk going out of work for a few months. I work in a niche area and is not as easy to just leave and find something else.

                  Been out of contract for 4 months now. Can't afford to wait for 2 more months. The client won't wait for me either. If I go through them it'll be me taking the substantial cut as their budget is limited due to COVID. I understand going through them will be the last resort for me, but was hoping the terms are not enforceable due to their ambiguity.
                  If you know what the client is paying and it's easy work for the agency can you not just approach them and say you've got work at the client and only need the agency for the paperwork therefore you want it at 10% less than what the client budget is.

                  If things are as tight as you say I'd be very tempted to go back through an agency at the lower rate for a smooth transition. Don't get greedy over what the client budget is. It's always more with agencies taking their cut, but know the figures this time you can negotiate.

                  Actually, thinking about it. If the agency is on site how come they are not on a fixed percentage? IF they are then you can't get screwed.

                  You 100% sure you've got this wrong and the agency hasn't screwed you? They are a pain in the ass at the best of times but are a necessary evil. Can you get over that and go in through the agency again?
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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                    #19
                    Actually. When you say opportunity...is this anything beyond a client manager speaking to you? Do you have the rate? Can you bypass PSL? Will they go direct even?

                    Or is all this wishful thinking?
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

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                      #20
                      It is a solid offer from the client, everything is set to start if this is sorted. I'll be honest, have no idea about opting out of agency conduct regulations. I signed only the contract & below is the only relevant clause I can find. I guess I did not opt-out then?

                      he/she will at all times comply with all relevant laws, regulations,
                      guidance and codes applicable to the provision of the Services and the
                      performance of work by the Contractor, in particular where applicable
                      the code of practice of the Recruitment and Employment
                      Confederation, and the Employment Agencies Act 1973, the Conduct of
                      Employment Agencies
                      and Employment Businesses Regulations 2003,
                      the Data Protection Act 1998, the AWR, the Immigration, Asylum and
                      Nationality Act 2006, Income Tax (Earnings and Pensions) Act 2003, the
                      Working Time Regulations 1998, the National Minimum Wage
                      Regulations 2015 and all statutory requirements from time to time in
                      place in respect of equality and diversity;

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