Restrictive covenants (again, sorry!)

[TheFaQQer]

3. Any invoices received by the Company after the 7th calendar day of the month following the month in which the Services are performed shall be paid no earlier than 30 days from receipt.

I don't like (3) at all! Since I cannot invoice by the 7th calendar day...

I don't like (3) either - mainly because it says how early they might pay your invoice, but not how late.

[ogreboy]

Faqqer - exactly.... but I never needed to worry about the clause until now since I was *ALWAYS* invoicing before the 7-day limit.... in fact, the agency were accepting and paying weekly invoices.

[Not So Wise]

Honestly reading though that, seems you have a case of agency playing silly buggers, client playing silly buggers with agency, or bit of both

Reading those snippets and other info you provided seems pretty clear cut to me

You must invoice by the 7th = Agency have 30 days to pay
If you invoice after the 7th agency can pay whenever

Timesheets signed by client are an extra and not necessarily required to invoice agency (unless clause 6 says different) but the provision of them by, signed by line manager I would say covers things quite nicely (if line manager is not autorised by client he should get so or they should get someone autorised)

Don't know how desperate you are to stay in work, but if was me even in the good times under no circumstance would I accept 2 to 3 months exposure (2 months before you can invoice then 30 days to pay), in current climate I would just laugh in their face

If was me would get lawyer to send a very stern letter to them to stick to agreed contract terms, would also talk to client and explain situation and tell them to resolve their issues with agency or you will have to leave.

But your choice really, might all work out or might blow up in your face, but to be honest that kind of exposure could blow up in your face as well and leave you in even worse situation than being out of work for 3 months

[Not So Wise]

the position I occupy was never advertised - I found it, arranged the interview.... all the agency had to do was send the paperwork to the client and myself.
.

If this is case should have used your own contract but the good news is you are opted into the agency regs regardless of whatever paperwork you signed afterwards (you cannot opt out after the fact only before). Thus timesheets are NOT required and the 6 month lock out clause is invalid. All other agency regs also apply. (If your lawyer did not note this straight away he was either a crap lawyer or has no knowledge of the sector)

Sort out taking a long break over xmas with client and dump agency, little legally they can do to stop you

Next agency use your own contract or negotiate hard for your terms on their contract and make sure they take minimal commission. If client is blue chip or large should have no problem doing so as agency should be willing to do nearly anything to get an "in" with a good client

Also regarding their lawyer, you do know there is no requirement for lawyers to tell the truth to people who are not their client?

[ogreboy]

@Not so wise - no, I didn't realise that lying was an acceptable business role for a lawyer.

I must come over as so naive... I have *never* experienced an agency so bent on mutual destruction when the client is/was so desperate to keep the contractor.

Regardless - I have since declined my next renewal (I am now leaving at the end of November).

Since this - another member of the "consortium" of companies (one of whom was the client) has offered me a position on another part of the project.

I feel the restrictive covenant is a "grey area" in this respect and the new client is attempting to use their preferred agency at my "failed" agency in a C2A2A2S arrangement paying weekly or monthly whatever I prefer.

TBH, I'm hoping my last agency refuse this arrangement - at which point I will be talking to my solicitor as I believe that the restrictive covenant cannot be used to prevent me working - if the agency will not accept the new arrangement - and cannot act directly with the new client (they are not approved vendors) - then I'm hoping the new assignment should go relevantly smoothly.

Thanks to those who have read and/or contributed - feels good to let off some steam!