Agency trying to stop me working for an old client !!

[Grumpy Git]

Folks, my first post so I hope you can help.

I've worked thru an Agency for a Client (Client-1) and the contract I had states:
"The Supplier shall not alone or jointly with another or others in any capacity and whether or not for its benefit and whether directly or indirectly: either during the term of this Agreement or for a period of six calendar months after the date of termination or expiry of this Agreement: enter into (or approach with a view to entering into) a similar contract of service or for services with:
(a) the Client; or
(b) any member of the Client’s Group; or"

The contract with Client-1 finished in April of last year. I then took 2 further contracts with the same agency, but for different clients (Client-2 & Client-3), I'm still working under the second contract for client-3.
I've now been approached by the first client (Client-1)to go direct, which I'd like to do, however the agency are claiming that I cannot work for that client as I am under contract not to work for them !!!
I feel they are trying it on, neither of the last two contracts mentions Client-1. Basically they're trying to say I can't work for any of their clients !!!
As the first contract expired a year ago, should I tell em to take a hike or do they have a valid claim on my body ??

I'll try and make the next post shorter !!!

Cheers

GG

[Ardesco]

Tell then to feck orf.

The handcuff clause in the contract is quite clearly 6 months and April last year is a year ago.

[SueEllen]

tell then to feck orf.

The handcuff clause in the contract is quite clearly 6 months and april last year is a year ago.

whs

[Wanderer]

"The Supplier shall not alone or jointly with another or others in any capacity and whether or not for its benefit and whether directly or indirectly: either during the term of this Agreement or for a period of six calendar months after the date of termination or expiry of this Agreement: enter into (or approach with a view to entering into) a similar contract of service or for services with:
(a) the Client; or
(b) any member of the Client’s Group; or"

As the first contract expired a year ago, should I tell em to take a hike or do they have a valid claim on my body ??

If you don't opt out of the "Conduct of Employment Agencies" regulations then the most they can hold you to is 8 weeks from the end or 14 weeks from the start of the contract (whichever is longer).

In any case, you are well over 6 months past the end of your first contract so it's irrelevant.

I'd be interested to know if they told you in writing that you couldn't work for client-1 again or was it just an agent trying to bully you on the phone... I'd be willing to bet that it's some unscrupulous agent trying to bully you so he can get his commission.

As the others have said, it's tempting to tell them to go forth and multiply but you might just be best to say nothing more to them about it.

Maybe we should start a sticky here of "stupid agency tricks" that agents have tried on (and failed).

[jmo21]

Clearly, it says 6 months in the original contract with client 1.

What exactly did the agent say when you pointed this out?

[BolshieBastard]

Folks, my first post so I hope you can help.

I've worked thru an Agency for a Client (Client-1) and the contract I had states:
"The Supplier shall not alone or jointly with another or others in any capacity and whether or not for its benefit and whether directly or indirectly: either during the term of this Agreement or for a period of six calendar months after the date of termination or expiry of this Agreement: enter into (or approach with a view to entering into) a similar contract of service or for services with:
(a) the Client; or
(b) any member of the Client’s Group; or"

The contract with Client-1 finished in April of last year. I then took 2 further contracts with the same agency, but for different clients (Client-2 & Client-3), I'm still working under the second contract for client-3.
I've now been approached by the first client (Client-1)to go direct, which I'd like to do, however the agency are claiming that I cannot work for that client as I am under contract not to work for them !!!
I feel they are trying it on, neither of the last two contracts mentions Client-1. Basically they're trying to say I can't work for any of their clients !!!
As the first contract expired a year ago, should I tell em to take a hike or do they have a valid claim on my body ??

I'll try and make the next post shorter !!!

Cheers

GG

Why on earth did you even mention to the agent that you were going back to work for client 1? All you should have done was say Im not extending with client 3.

[PaulCD]

Why on earth did you even mention to the agent that you were going back to work for client 1? All you should have done was say Im not extending with client 3.

I think that is exactly what I would have done too ^^

[The Agents View]

Agree with all of the above - they're trying it on - they're hoping you feel a moral obligation to go through them because they've clearly worked well for you proviously - you have absolutely no obligation to go down that route - if worst comes to worse, and you want the security of an agency paying you weekly and not taking 60 days to pay you, I'll payroll you for 5% margin - Simples......