Hi,
I am locked with my agancy regarding a restrictive covenant. I am a freelance developer for the NHS, and have applied for a similar position - different team/project/reporting structure/location/skill set with the client after seeing an advert on one of their job boards. My agent has now trown out all of their toys and are threatening with an injunction.
I think the covenant is unreasonably broad as it covers not just NHS Wales, but Subsidiaries, Associates, and clients and is for an unreasonable period of 12 months. For small firms maybe it's acceptable, but the NHS is huge so it covers a lot of ground. I've posted the relevant bits below, but any advice would be most welcome.
Thanks in advance
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11.2 The Service Provider and its Directors undertake that they shall not and that they shall procure that the Consultant(s) shall not enter into any agreement, whether directly or indirectly, to supply services of a similar nature to the Client or a subsidiary or associated company of the Client or to the Client’s clients, other than through the Company for a period of 12 months following the termination of the Agreement.
11.3 The Service Provider and its Directors hereby acknowledges that the Company expends significant resources in sourcing and maintaining its clients and is entitled to protect its commercial interests.
11.4 The Service Provider acknowledges that should the Client or a third party to whom it has introduced the Service Provider wish to utilise the Service Provider’s services other than through the Company, then the Company may be able to charge the Client a fee or agree an extension of the Supply with the Client.
I am locked with my agancy regarding a restrictive covenant. I am a freelance developer for the NHS, and have applied for a similar position - different team/project/reporting structure/location/skill set with the client after seeing an advert on one of their job boards. My agent has now trown out all of their toys and are threatening with an injunction.
I think the covenant is unreasonably broad as it covers not just NHS Wales, but Subsidiaries, Associates, and clients and is for an unreasonable period of 12 months. For small firms maybe it's acceptable, but the NHS is huge so it covers a lot of ground. I've posted the relevant bits below, but any advice would be most welcome.
Thanks in advance
-----
11.2 The Service Provider and its Directors undertake that they shall not and that they shall procure that the Consultant(s) shall not enter into any agreement, whether directly or indirectly, to supply services of a similar nature to the Client or a subsidiary or associated company of the Client or to the Client’s clients, other than through the Company for a period of 12 months following the termination of the Agreement.
11.3 The Service Provider and its Directors hereby acknowledges that the Company expends significant resources in sourcing and maintaining its clients and is entitled to protect its commercial interests.
11.4 The Service Provider acknowledges that should the Client or a third party to whom it has introduced the Service Provider wish to utilise the Service Provider’s services other than through the Company, then the Company may be able to charge the Client a fee or agree an extension of the Supply with the Client.
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