Agency restriction quistion

[scot]

I've checked the history and they didnt even make the introduction, it was a former colleague of mine who works at the client.

At no time was I asked to opt out and it is not specifically mentioned in the contract.

I'm worrying less now

[Wanderer]

Whether you "opt in" or "opt out" makes no difference as really the fundamental question is would they be prepared to go to court? - I doubt it

Don't try and pay down the importance of the opt out. While it's true that contract disputes rarely come to court, they are often settled by negotiation.

So if the contractor does not opt out then it is absolutely clear that the 6 month restraint of trade is unlawful and unenforceable.

If the contractor DOES opt out then it's a grey area so there may be a case to argue (in court or otherwise) and the parties may agree to come to a settlement which wouldn't have been made if the contractor hadn't opted out.

[SueEllen]

I've checked the history and they didnt even make the introduction, it was a former colleague of mine who works at the client.

At no time was I asked to opt out and it is not specifically mentioned in the contract.

I'm worrying less now

I hope you sent them the email telling them to do one.

BTW don't explain yourself to them i.e. it's a someone else who introduced you to the client, just keep all written communication short and concise.