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Can Agency stop me working at the same client after current contract ends?

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    Can Agency stop me working at the same client after current contract ends?

    Here are couple of clauses from my contract that is about to run out but I like to move to another agency that will offer me work at the same client, Can I go with new Agency or I will have to wait three months even after my contract has ended before I can work with the same client?


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    "Termination" the ending of the Appointment however it arises and irrespective of its cause or manner.

    TERMINATION
    The Appointment shall continue in accordance with the terms of this Agreement for the Term but may be terminated by Agency without notice:
    if the Contractor is unable to pay its debts as they fall due, or a petition is presented or a meeting convened for the purpose of winding it up, or a petition is presented or an order is made for its administration or a receiver is appointed over any of its assets or a proposal is made to it and its creditors for a voluntary arrangement or it enters into liquidation other than for the purpose of an amalgamation or reconstruction;
    if, without the prior written consent of the Client and their Project Manager, either the control of the Contractor passes to another person or any part of its business is sold or transferred or it ceases for any other reason to carry on its business;
    if the Contractor’s personnel commit any act of dishonesty or if the Contractor or its personnel commit any other serious breach of any of the provisions of the Appointment;
    if the Contractor fails or is expected to fail to complete the Services during the Term.
    Agency and the Contractor may terminate the Appointment during the Term by giving one week’s written notice.


    STATEMENTS
    After the termination of the Appointment the Contractor will not and will procure that its personnel will not either personally or by any agent directly or indirectly represent themselves as being in any way connected with Agency or the Client.
    The Contractor covenants that during the period of this Agreement and for three months thereafter, neither the Contractor nor any servant of the Contractor (including any personnel of the Contractor) will solicit or approach the Client directly or indirectly for the purpose of offering consultancy services or accept direct employment from the Client without the consent of Agency or otherwise act directly or in competition with Agency in connection with the provision of consultancy services to the Client.
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    Thanks

    #2
    3 months is pretty low to be honest, usually it is 6 months or a year. Why not do the job and go through your current agency?

    Comment


      #3
      I would guess that they COULD try to stop you working there, but in reality I don't know if they WOULD.

      There are many ways around such things like this anyway, if it boils down to it.

      Comment


        #4
        You can work were you like they cannot stop you however they could take you to court for breach of contract, whether they would you won't find out unless you breach the terms of the contract by working direct, its catch 22

        Comment


          #5
          It's not whether the agency can stop you; the question is whether the client will want you direct? The client-agency contract would definitely contain a clause for this, and the client may not want to get in the hassle.

          If the client is happy for you to go direct, the agency can only shout and cry for a bit, but then they will eventually accept the situation. No agency would want to spoil relations with the client I guess.

          Comment


            #6
            If the old agency find out, they will likey withold all money that is owed to you and send you a couple of threatening solicitor's letters.

            It will then be down to you to finance any legal action to get the money back. You could easily lose, and if you do lose you will probably have to pay other sides legal costs too.

            Are you opted in or out of the agency regulations? If you are opted in, then you will have a better case.

            Comment


              #7
              Originally posted by rd409 View Post
              It's not whether the agency can stop you; the question is whether the client will want you direct? The client-agency contract would definitely contain a clause for this, and the client may not want to get in the hassle.

              If the client is happy for you to go direct, the agency can only shout and cry for a bit, but then they will eventually accept the situation. No agency would want to spoil relations with the client I guess.
              Totally this. The client will bin you first before you get in trouble with the agency. The agent can stop you working and the client will know this and wash their hands of the whole situation. Your only way around this is by acceptance of all parties which is not impossible.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                It also depends on exactly who the client is and what the roles are.

                If it is a big company and you will be working for a different business unit in a different location you have a better chance of the clauses being unenforceable.

                Comment


                  #9
                  Thanks a lot for feedback

                  the message is even after contract ends I am bound to it for the period, the reason I want to move to a different agent is to find one that it bit more honest and looks after me...if such agent exists!!

                  Comment

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