Contract Restriction Covenant Terms

[Lance]

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.

[SimonMac]

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

[Lance]

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.

[rootsnall]

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%.

[Lance]

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

[rootsnall]

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.

[bbp]

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.

[northernladuk]

I've been in a few of these over the years and the clients always have a backbone of jelly.

Same here.

[rootsnall]

The only thing you should be wary off is the client dropping you because they don't want to get in to a legal spat with the agency. You need to point the situation out to the client and ask if the client would be comfortable strong arming the agency.

I've been in a few of these over the years and the clients always have a backbone of jelly.

[Lance]

As NLUK says, this is probably the hiring manager extending beyond his knowledge/competence.

Another approach you could have is to suggest they wait 2 months.

Or go through the agency anyway. It's no skin off your nose. Just cos the hiring manager wants to save some money doesn't mean it should become a commercial risk for you. Ask yourself what exactly is in it for you to go direct. Do you want 30+ day payment terms?