Non solicitations clause via Umbrella Company

[shooter]

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

[TheCyclingProgrammer]

IANAL but it sounds like there is nothing they can stop you from working for Company A via another umbrella company. The non-solicitation clause is between Agency B and Umbrella D; if you weren't named it's nothing to do with you from what I can see.

Only a lawyer can tell you for sure though.

[centurian]

Probably won't matter as the contract between Company A and Agency B will almost certainly have a clause to say that they will not use any of the consultants supplied through the contract (whether named or not) apart from through the agency.

So the real restriction is on ClientCo, not yourself. If ClientCo want to ignore that, then fine - they are the one's that will get sued.

[thunderlizard]

I wonder if that ever causes problems with the umbrella companies? e.g. does Megabrolly ever tell Johnny Newboy it can't service his contract at Bonusbank via Hairgel Search & Select PLC, because it's previously serviced Larry Oldguy's contract at Bonusbank via Fat Tie Recruitment Ltd? Does BonusBank even know the same umbrella co is involved for both contractors?