Non-solicitation clause

[interested]

Fair comment.

But, as a matter of fact, the client can't actually do anything at all to prevent CP from suing the OP. Granted there may well be procedures in place that will enable the threats to frighten off CP, and these may well be effective. In the final analysis however if CP want to sue the OP they will - because they have the absolute right to make that choice.

And given CP have been kicked out by the client, the client has no remaining leverage with CP - otherwise they could have pressured CP into not suing the contractor.

Just as a matter of interest though - why does the contractor need to move agencies just because CP are not on the PSL?

[malvolio]

Malvolio - you are correct!

Right. In that case speak to Paul Haynes at SQ and tell him you need a new agent.

[Skibum71]

And given CP have been kicked out by the client, the client has no remaining leverage with CP - otherwise they could have pressured CP into not suing the contractor.

Just as a matter of interest though - why does the contractor need to move agencies just because CP are not on the PSL?

The client no longer wishes to deal with C.P. so all contracts that are up need to be changed to a different agency that is on the PSL.

[topgun]

untrustable recruiter

Hi,

I'm currently contracting with a client through Computer People and the contract is coming up for renewal soon.
The client wants me to stay but, as C.P have recently been removed from the Clients Preferred Supplier List (poor service - surprise, surprise!), so I need to move to another agency.
The problem is I have a non-solicitation clause in my contract with C.P. and I'd like to know what my options are? Is this clause enforceable?

The clause is:

Non-solicitation of Client
Throughout the Assignment Period and for a period of 4 months afterwards the Contractor will not and will procure that the Personnel will not provide services similar to the Services or any information technology related services in any capacity either directly or indirectly to:

the Client (or to any of the Client’s subsidiary or associate companies in respect of which it provided Services during the Assignment Period);
any customer of the Client or any of the customer’s subsidiary or associate companies in respect of which it provided Services during the Assignment Period; other than with the written consent of the Company. The Contractor shall also not discourage the Client from dealing with the Company. The Contractor hereby indemnifies the Company for all financial loss it suffers arising from any breach by the Contractor of this clause 11.

I've asked C.P if they will waive the clause but they haven't got back to me yet. Also, if I were to just not tell C.P. I'm moving could I get sued - I have my own Ltd which I could close down and start a new one?

Thanks in advance

CP has pushed me to work at his client without assigning contract. Afterwards, they put a lots of unfair clauses into the agreement. so far they still owe me 1000 pounds. This is the most untrustable recruiter I have met.

[Mailman]

So stop being a victim and go get your money back! Sheeesh!

Mailman

[Mailman]

because they have the absolute right to make that choice.

They may have the right to sue, that doesnt mean they will win though. I doubt any serious business enters in to litigation with the sole intent of spending more money than they could ever hope to get back from any result in their favour.

Mailman

[ASB]

They may have the right to sue, that doesnt mean they will win though. I doubt any serious business enters in to litigation with the sole intent of spending more money than they could ever hope to get back from any result in their favour.

Mailman

Quite.

I was just pointing out that whilst malvolio states (I paraphrase) "it'll be OK because the client will sort it out" the fact is the client cannot guarantee to be able to do that. Not least because they are not a party to the contract which is potentially actionable. [Obviously they might be able to get an undertaking from CP].

[malvolio]

This one can, believe me. I was on the distribution list for the original line managers' internal email where this was announced so we could be prepared if any of our guys have problems. None of mine did (they're way too smart to use CP in the first palce ), but the OP has so I'm trying to help him out like a good (Big Company I cannot name) manager is supposed to do. So just for once, I am fairly confident in what I'm saying.

[DodgyAgent]

This one can, believe me. I was on the distribution list for the original line managers' internal email where this was announced so we could be prepared if any of our guys have problems. None of mine did (they're way too smart to use CP in the first palce ), but the OP has so I'm trying to help him out like a good (Big Company I cannot name) manager is supposed to do. So just for once, I am fairly confident in what I'm saying.

I take it you are getting backhanders from SQ for "promoting" them

[ASB]

This one can, believe me. I was on the distribution list for the original line managers' internal email where this was announced so we could be prepared if any of our guys have problems. None of mine did (they're way too smart to use CP in the first palce ), but the OP has so I'm trying to help him out like a good (Big Company I cannot name) manager is supposed to do. So just for once, I am fairly confident in what I'm saying.

I'll try again.

In practical terms the large organisation in question can (and will) beat CP into submission such as CP will leave the affected people alone. They will probably reach a legal settlement with CP, part of which involves CP relinquisihng thier rights under the contract.

In legal terms this cannot be forced upon CP. CP could decide to face them. [This may well turn out to be a poor decision].

Thus whilst I agree in practical terms it is not going to be an issue there can be no absolute gurantee that is the way it will pan out.