Another handcuff question

[NotAllThere]

It'd rank as a rank assumption under any economic circumstances.

[the_rangdo]

I imagine that now ranks as quite an assumption?

Definitely

[Epiphone]

The contract with your LTD is ending. The client want you personally. You personally have no relationship with the agency. Can't see the problem.

[the_rangdo]

The contract with your LTD is ending. The client want you personally. You personally have no relationship with the agency. Can't see the problem.

The bit that says

"1.1 The Service Provider and its Directors undertake that they shall not and that they shall procure that the Consultant(s) shall not enter into any agreement, whether directly or indirectly, to supply services of a similar nature to the Client or a subsidiary or associated company of the Client or to the Client’s clients, other than through the Company for a period of 12 months following the termination of the Agreement."

I signed the contract to that effect, although I still (4 months later) don't have a counter-signed copy after many attempts to chase.

Presumably there'll be a similar style of clause in the contract between client and agent too.

[Ravello]

Most case history on this seems to point towards the fact that this sort of clause is unenforceable. Very few cases seem to make it as far as a legal battle though since basically agencies are two-a-penny and they're not willing to risk their position on the PSL with clientco.

Also looking at the wording of the contract you pasted, it'd probably be quite easy to argue that the services are not similar to those provided under yourco... I'd make the argument that previously you were acting as a consultant in 'xxxxxx' you are now working as a permanent employee for a different department and not providing consultancy, therefore the services are wholly different and said agency should think themselves lucky that they're getting a 5% slice of the pie.

If clientco back this up with hardball stance as well, I'd happily bet agency will quickly and quietly accept the offer and skulk off to pillage elsewhere.

[the_rangdo]

This afternoon's negotiation went something like

Pimp - "We want £28k"
Boss - "That's not going to happen. BTW, we'll be recruiting for 7-8 risk perm roles shortly, along with a scorecard mgr for a 3-mnth contract and we currently don't have a preferred provider"

5 mins later, pimp's sales manager is on the phone arranging to come up next week, wanted to come up Monday but boss is out till Weds

Gotta laugh at them

[TykeMerc]

If I was the client I would be advising the agency to find a good proctologist as if they continued being unreasonable they will need to remove a boot from their arse.
I would be contacting the agency MD and tell him that they've lost a client and will be terminating any existing business at the earliest possible date as a result of their unreasonable behaviour.

This afternoon's negotiation went something like

Pimp - "We want £28k"
Boss - "That's not going to happen. BTW, we'll be recruiting for 7-8 risk perm roles shortly, along with a scorecard mgr for a 3-mnth contract and we currently don't have a preferred provider"

5 mins later, pimp's sales manager is on the phone arranging to come up next week, wanted to come up Monday but boss is out till Weds

Gotta laugh at them

Very sensible.

[the_rangdo]

It's like a double-glazing quote.

We're now suddenly down from £28k to £12k.

[TykeMerc]

It's like a double-glazing quote.

We're now suddenly down from £28k to £12k.

If I was your client it would be a matter of £0 or £0 and no further business ever as a result of their originally absurd demands. I'd also be kicking the hell out of their upper management to get rebates on past fees if they don't want to be immediately chucked off the supplier list.

[Beefy198]

It's like a double-glazing quote.

We're now suddenly down from £28k to £12k.

Agency MD obviously had his heart set on a Ferrari but is happy to take a Porsche in these hard times...