I've read previous posts about this (fairly) standard clause that appears in many contracts. I wonder if, legally, there is any way to get around it? I think not, but feel I need to ask the question anyway ....
I have recently completed a contract for a client in the health sector, the contract ran for just over a year covering maternity leave. This work was sourced through an agent (who I would love to name and shame) and the contract included a restrictive covenant that runs during the term of the contract plus 12 months post contract.
Because of the imminent changes to the health sector the client is now in a position where any recruitment must be sourced, in the first instance, from a pool of staff whose jobs are identified as being ‘at risk’ and, failing that, they have to source internally. There are no provisions to go to external sources at all. Basically it is a staff freeze.
Aside from the duties of the position I was employed to cover I recently started a piece of work, under the clients direction, that now needs to be continued and expanded. The client does not have internal resources to complete the project and, because of the complexities involved, believe that bringing in a person from the ‘at risk’ pool who will need to be trained and mentored will severely impede the success of the project.
It was decided, by the client, that the best way forward would be to outsource the project directly to an external provider (me).
Both the client and I have approached the agent and asked that they waive this clause in this instance but the agent has flatly refused. I can appreciate that the clause is there to protect the business but, in this case, the refusal is not going to force the client to say “ok, we’ll hire through you then” and the client is not able to hire through another agency either.
So what we have ended up with is a LOSE, LOSE, LOSE situation. The client is now not able to continue and complete the project (which will have ramifications on the local economy), the agent has lost credence with the client and will be sidelined for any future contracts, and I am now out there, unemployed and looking for another contract.
All this, because of the agent's sheer bloody-mindedness and inability to co-operate and negotiate. Do I feel any sympathy or empathy towards agents? .... NOT AT ALL.
I have recently completed a contract for a client in the health sector, the contract ran for just over a year covering maternity leave. This work was sourced through an agent (who I would love to name and shame) and the contract included a restrictive covenant that runs during the term of the contract plus 12 months post contract.
Because of the imminent changes to the health sector the client is now in a position where any recruitment must be sourced, in the first instance, from a pool of staff whose jobs are identified as being ‘at risk’ and, failing that, they have to source internally. There are no provisions to go to external sources at all. Basically it is a staff freeze.
Aside from the duties of the position I was employed to cover I recently started a piece of work, under the clients direction, that now needs to be continued and expanded. The client does not have internal resources to complete the project and, because of the complexities involved, believe that bringing in a person from the ‘at risk’ pool who will need to be trained and mentored will severely impede the success of the project.
It was decided, by the client, that the best way forward would be to outsource the project directly to an external provider (me).
Both the client and I have approached the agent and asked that they waive this clause in this instance but the agent has flatly refused. I can appreciate that the clause is there to protect the business but, in this case, the refusal is not going to force the client to say “ok, we’ll hire through you then” and the client is not able to hire through another agency either.
So what we have ended up with is a LOSE, LOSE, LOSE situation. The client is now not able to continue and complete the project (which will have ramifications on the local economy), the agent has lost credence with the client and will be sidelined for any future contracts, and I am now out there, unemployed and looking for another contract.
All this, because of the agent's sheer bloody-mindedness and inability to co-operate and negotiate. Do I feel any sympathy or empathy towards agents? .... NOT AT ALL.
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