Transfer Restrictions

[NotAllThere]

I know you never said 99.99%, but it does seem that way, doesn't it.

[pelican1]

seems pretty straight to me

How exactly did you get it? Was it in someway connected with you already being at the client?

I got the new contract by going through a selection process with the new agency, just as any contractor would - it had nothing to do with where I worked previously. DataSource could have put me through the same process 6mths earlier but they couldnt be bothered.

What makes it extra annoying is that a week before the contract ended I had the director on the phone shouting abuse at me, but not once did he mention the transfer restriction. Instead he told me that he would not pay me, for "doing the dirty on them". He did pay me - 6 weeks late!

The first I heard that he thought this clause applied was nearly 4mths after I finished. It's all a bit bizarre. I dont know whether he's really serious or whether he just came in after the New Year with a bad head. I am looking into the legal details of such restrictions, but I would be interested if anyone's had dealings with this particular company?

[NotAllThere]

I have no knowledge of the agency, so I can't comment there. Your client may also be technically in breach. I'd do what the others advise - nothing until a threat of action becomes real.

And find out whether you were opted in or out. Even if you signed an opt out form, you may find that legally, you're opted in. And, as Ardesco said, that's your get out of jail free card.

[Emily]

I'm getting legal advice on this area as we speak, so I will let you know what happens.

[tonik]

Hi What was the outcome. I am going through a similar situation.
The Agency I am currently working for are having a dispute with the company's recruitment dept and are threatening that I can not work for the company for 12 months afterwards, even though the company has said they will honour the contract.

Origionally I did opt out over 2 years ago. nothiing was signed but i did send a reply to an email about EAA regulations

[BlasterBates]

I personally would never jump agencies for this precise reason. If you are an employee it isn`t a problem if you are a company and the MD is in a bad mood expect a court case. Some agencies won't chase this because it costs money.

[TykeMerc]

Hi What was the outcome. I am going through a similar situation.
The Agency I am currently working for are having a dispute with the company's recruitment dept and are threatening that I can not work for the company for 12 months afterwards, even though the company has said they will honour the contract.

Origionally I did opt out over 2 years ago. nothiing was signed but i did send a reply to an email about EAA regulations

I believe that I'm right in saying that an Opt Out has to be in writing with a "wet" i.e. in ink signature.

[TheVoice]

However, I've just received a solicitor's letter and invoice for DataSource's supposed loss of earnings because I went with the new agency.

Take copies for your records then send the originals back with "B***ocks" written on them in big black letters.

It's obvious things are slow financially for the agency & they are deperate for cash. They probably dont even have enough cash to follow through on their stupid empty threat.