I'm sure this has been on before but cant find it. I have a pal who to take on a new contract MUST go through a certain agent. But his current contract at same place is with another agent (its not being extended). Contract states that he cannot return for 6 months after leaving (unless with current agent). Qn is - how to get round it.
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Sounds like restriction of trade to me, the current agent should not be allowed to restrict your pals ability to carry out his business. However I'm not legally qualified so I'll leave it to others to pontificate on the situation.Originally posted by Underscore2
Otherwise get a solicitor to review the contract etc and see if it's binding. PLenty of them advertise on the site."Being nice costs nothing and sometimes gets you extra bacon" - Pondlife. -
Not sure what you mean. His current contract is not being extended, yet he is wanted back by the client via a different agency? Doesn't make sense unless the client sacked the agency and wants everyone to transfer to another agent? If so, he's in the clear.Originally posted by Underscore2
I think you need to ascertain why his last contract was not extended. It sounds like there is a chance the new agency is trying to get him back into a client without realising they got rid of him last time, although I may have the wrong end of the stick here.His heart is in the right place - shame we can't say the same about his brain...Comment
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Restriction of trade my @rse!
If he as a limited company signed a contract not to go back into a customer for 6 months then he should ******* well honour it. He had a choice not to accept the condition and he waived that right. Act like a business not a whinging permie.
Of course if he's just an employee of a brollie then its different but I bet the agency also included an overriding clause stating that the individual acknowledges that they personally are also bound by this - in which case I think you'll find he's stuck.
Be grown up - go to the old agency explain the situation and if they can't get him back in they will probably release him anyway. If he tries to just do it behind the scenes they will sue him for lost revenue as sure as june follows may.Comment
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well
Only Agency B is allowed to provide people for this new piece of work. Anyway as an update Agency B have said they will contact Agency A and ensure there are no issues with the "6 month" rule. My goodness agencies acting like adults - whatever next.Comment
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it is restriction of trade
his current agency will go for the end client - if he has a ltd company then they can go for him also but he could dissolve his company and its happy days for him
He has nothing to worry about really - its for the client to worry about upsetting the agency as its the client they should go forComment
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It is only a restriction of trade if the agency tries to physically stop the contractor from going back (by issuing a court order), whereas if the agency says "fine but pay me 6 months of lost margin or whatever months there are left since the end of your previous contract" then all is well, subject to the original contract stating that the contractor would be charged accordingly.Originally posted by IT contract agentLet us not forget EU open doors immigration benefits IT contractors more than anyoneComment
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If this person is OPTED IN then the agents cannot include exclusion clauses in their contract. These clauses are unenforceable now.
The only way around this is if there is a clause in your contract that allows for the agents to be managed out of the business relationship (probably through a further extension). If no such clause exists then you can do what ever you like at the end of the contract.
EVEN if you are opted out then the original exclusion clause is likely to be so poorly worded that its unenforceable. A good indicator is if you are specifically excluded from a certain site OR, more likely, you are excluded from the client full stop. Unless the agent knows what its doing it most likely has included a blanket exclusion clause with the aim of stopping you working for that client regardless of location.
For example, if you are working for Credit Swiss in Canary Wharf a poorly written clause will be interpreted by the courts as saying you cannot work for Credit Swiss in Switzerland or America or Hong Kong etc. However, if the clauses has been written correctly it will only say you cannot work for Credit Swiss in Canary Wharf.
Then again you have to look at this a bit closer. If the agents tried to sue you, just how much money are they going to get out of you AND how much are they going to have to spend to get that blood from a stone (because they are going to have to go through the High Court to seek remedy for the breach of contract).
Unless you are some super duper chief exec in most cases it wont be worth the time or effort or money of the agents to chase you AND they certainly wont be wanting to hurt any future contracts with the client by going after them (there are exceptions to this but I wont go in to that here).
MailmanComment
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Apologies for the basic question, but I keep seeing the phrase "allows for the agents to be managed out of the business relationship". What exactly does "managed out of the business relationship" mean?Comment
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It means that they're not allowed to "add value" any more.
hthWe must strike at the lies that have spread like disease through our mindsComment
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