Stiffed by Agency contract clause

[MickeyP]

Hi all,

Friend of mine got turned down for a gig due to the fact his previous agency had a clause preventing him working for clients that he'd worked for during that previous gig. This exclusion clause apparently lasts 6 months.

It seems all the more harsh since he was let go from his previous contract ie he didn't leave voluntarily. The new agency was adamant that it couldn't put him forward for the new gig due to this clause.

I got the same clause in my contract but thought it might be just one of those unworkable unenforceable things. What's the options? Wait 6 months? Work abroad? Fight in court? What have others done here? Apologies if this has already been discussed - couldn't find any threads.

BR

Mickey

[pzz76077]

Hi all,

Friend of mine got turned down for a gig due to the fact his previous agency had a clause preventing him working for clients that he'd worked for during that previous gig. This exclusion clause apparently lasts 6 months.

It seems all the more harsh since he was let go from his previous contract ie he didn't leave voluntarily. The new agency was adamant that it couldn't put him forward for the new gig due to this clause.

I got the same clause in my contract but thought it might be just one of those unworkable unenforceable things. What's the options? Wait 6 months? Work abroad? Fight in court? What have others done here? Apologies if this has already been discussed - couldn't find any threads.

BR

Mickey

If all else fails, offer to buy out the previous agency and have them agree to lift the restriction.

PZZ

[BrilloPad]

Wait 6 months. Unless client can be persuaded to put pressure on the original agency.

Should not have applied to client via different agency in first place.

IANAL.

[nomadd]

Hi all,

Friend of mine got turned down for a gig due to the fact his previous agency had a clause preventing him working for clients that he'd worked for during that previous gig. This exclusion clause apparently lasts 6 months.

[snip]

Mickey

Usually clients wouldn't touch it with a bargepole; HR depts. are fair too concerned about any "come back". Had a similar issue with Barclays. In the end, I had to wait the 6 months, at which point everything went fine. The stupidity of such people maddens you, but that's permies for you...

Nomadd

[Menelaus]

Surely this a restrictive covenant and therefore not enforceable?

[pzz76077]

Surely this a restrictive covenant and therefore not enforceable?

A restriction contractually agreed by both sides though I believe.

PZZ

[MPwannadecentincome]

Surely this a restrictive covenant and therefore not enforceable?

only if you are prepared to take it before a judge to decide?

[VectraMan]

Even if it is unenforcable in terms of the old agent suing, it doesn't mean you can force the new agent or client to take you on. They're free to put forward or reject anybody they want, and it's quite reasonable that they wouldn't want to take the risk.

Is this a kind of "honour amongst theives" at work?

[pzz76077]

only if you are prepared to take it before a judge to decide?

I still maintain that phoning up the old agent and offering him 500 quid to wave that clause will be quickest and easiest all round. How many agents do you know that would turn down an offer of 500 quid compared to nothing in these times??

PZZ

[Torran]

Had a similar situation a year ago. I emailed the last agency and asked them if they wouldn't mind giving me permission to work with present client/agency. after a couple of emails back and forth they agreed.

You never know it might work.