Agency restriction quistion

[scot]

Was offered a contract with a client via Agent A and due to unforeseen circumstances I could not start the contract so we agreed that I would not start.

Few weeks pass and similar but not same job comes up from Agent B which I apply for and get because the client knew me from first opportunity.

Agent A is attempting to stop me taking the contract with Agent B quoting the usual restriction clause.

At no time did I or was I asked to opt out.
The job is a different job entirely as the original job was filled.

Can Agent A stop me ?

[Wanderer]

Agent A is attempting to stop me taking the contract with Agent B quoting the usual restriction clause.

Can Agent A stop me ?

I'd be inclined to tell agent A to bugger off or to sort it out with Agent B if they want to go after someone.

Did you ever sign a contract with Agent A?
What does Agent B think about the situation?
Can you close your old LTD company and start a new one?

[scot]

I signed a contract with Agent A but couldnt start. They have a clause in their contract restricting me working at the client for 12 months. Agent B maintain that Agent A has no claim
but then they would say that as they want the deal.

Its a different role and not the one I couldnt start.

[eek]

I signed a contract with Agent A but couldnt start. They have a clause in their contract restricting me working at the client for 12 months. Agent B maintain that Agent A has no claim
but then they would say that as they want the deal.

Its a different role and not the one I couldnt start.

If you didn't opt out then the restraint of trade clause with Agent A is invalid. Tell them that you will be passing it to your solicitor to deal with and start work via Agent B.

[scot]

They pulled a fast one and added the words opt out to the title of their contract but they did not ask me to opt out prior to interview or initial discussions.

[eek]

They pulled a fast one and added the words opt out to the title of their contract but they did not ask me to opt out prior to interview or initial discussions.

So simply say my solicitor informs me that at the time you introduced me to the client I had not opted out and therefore the clause is invalid.

[scot]

They say that they can obtain a court order to stop me from working there and that I agreed to that clause in the contract.

I am in danger of losing out as Agent B could simply find someone else.

[northernladuk]

They say that they can obtain a court order to stop me from working there and that I agreed to that clause in the contract.

I am in danger of losing out as Agent B could simply find someone else.

Don't let them bully you. They have much better things to do than obtain court orders to stop a single contractor working for another agency. They don't have the money or the time to persue it so are calling your bluff.

They could also come unstuck as the general consensus is 12 months is unenforceable and breaks your right to work.

[scot]

Thanks folks.

[Old Greg]

Thanks folks.

Let us know how it goes, and best of luck.