Bear with me on this, its not as confusing as it may read at first.....
Company A employs contractor C via agency B
Contractor C contracts via with Umbrella company D and is therefore legally an empoyee of Umbrella company D
Agency B instert a 6 month non solicitation clause with Umbrella company D and contractor C is not named in clause or conract. (Umbrella Company is referred to as the "consultancy"
Contract comes to an end and contractor gets another 3 month contract elswehwe.
After 3 month new contract is up Contractor resigns from Umbrella company D and signs up with Umbrella company E
My question is does the non-solicitation clause prevent contractor going back to Company A via another agency before the 6 months is up? Umbrella company D are not supplying services to Company A as then contractor now works for another umbrella company. Contractor was not mentioned in the original contract between Agency B and Umbrella Company D
Company A employs contractor C via agency B
Contractor C contracts via with Umbrella company D and is therefore legally an empoyee of Umbrella company D
Agency B instert a 6 month non solicitation clause with Umbrella company D and contractor C is not named in clause or conract. (Umbrella Company is referred to as the "consultancy"
Contract comes to an end and contractor gets another 3 month contract elswehwe.
After 3 month new contract is up Contractor resigns from Umbrella company D and signs up with Umbrella company E
My question is does the non-solicitation clause prevent contractor going back to Company A via another agency before the 6 months is up? Umbrella company D are not supplying services to Company A as then contractor now works for another umbrella company. Contractor was not mentioned in the original contract between Agency B and Umbrella Company D
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