Going direct with client - Restrictions Clause by Agent

[BolshieBastard]

Some usual rubbish posted by some here.

Most agencies do not include payment terms in their contracts. At best its a schedule. So, you'll be hard pushed to sue for breach of terms never mind material breach.

The agency could well sue you for a 'finders' fee or lost commission. Doubt very much they'd take on the client as they'll hope for future business with them.

And the client wont care if the agency sues you either.

Bottom line, your call.

[Dynamic]

The agency could well sue you for a 'finders' fee or lost commission.

If I don't go direct and instead through another Company or recruitment Consultancy, could they still sue me?

[Ignis Fatuus]

If I don't go direct and instead through another Company or recruitment Consultancy, could they still sue me?

Didn't you say that your contract read "The contractor shall not supply services directly or through any other person, firm or company"?

[Dynamic]

I did but it also said "[save in the case of supply through an employment agency or recruitment consultancy with whom the Contractor was also registered at the date of commencement of the last assignment]"

What does that mean? supply? registration?

[SueEllen]

I did but it also said "[save in the case of supply through an employment agency or recruitment consultancy with whom the Contractor was also registered at the date of commencement of the last assignment]"

What does that mean? supply? registration?

Well if you are like most people on here you will find various copies of your CV from over the years are on plenty of different agency databases..............

I've never registered with an agency as a contractor.

[Wanderer]

Some usual rubbish posted by some here.
Most agencies do not include payment terms in their contracts. At best its a schedule. So, you'll be hard pushed to sue for breach of terms never mind material breach.

Huh? I have never and would never enter into a contract which didn't state payment terms, that's just not good business.

If they are not stated then it's presumed to be 30 days anyway.

[swamp]

Did you opt out of the agency regs?

If not then you can go direct after 8 weeks from the end of the contract, regardless of what the contract may say.

[Dynamic]

Did you opt out of the agency regs?

If not then you can go direct after 8 weeks from the end of the contract, regardless of what the contract may say.

I signed to opt out.

How do you say 8 weeks?! my contract says 12 months I'd have to wait.

[SueEllen]

I signed to opt out.

Did you sign it before you were interviewed by the client?

If so, can you afford a couple of lawyers letters?

How do you say 8 weeks?! my contract says 12 months I'd have to wait.

If you are opted-in then you only have to wait 8 weeks before going direct with the client.

You are opted-in if you sent the opt-out to the agency after you were interviewed by the client. However you need to be able to afford to get a solicitor to write to the agent telling them this and that the clause isn't valid.

If you are opted-out (and I mean properly opted-out)then if you have the money, you threaten to take the agency to court due to the clause being a restrain of trade. Normally a 12 month clause is a restrain of trade however other factors would need to be taken into consideration like how big the agency is.

However you need to get a solicitor to verify that either:
1. The entire clause is extremely likely* to be invalid due to you being opted-in by default, OR
2. If sections of the clause were struck out with a pen it's extremely likely* that's what is left wouldn't make sense, meaning that the clause couldn't be enforced.


*"extremely likely = the solicitor would give their best judgement but it would be up to a judge to decide. You via your solicitor would need to make your arguments good enough so the agent won't want to bother with a court case. Refusing to discuss any issues with the agency and referring them to your solicitor would be a good start if you get caught.