Restrictive covenant - who am I restricted from doing business with?

[SueEllen]

I'm not a long-term contractor having only had two contracts since leaving a permie role - and this is the first I've heard of opting in/out (nobody but myself to blame!). I've checked my contract and it contains an opt-out clause - I've had a read of the regulations though and am pretty sure it's invalid as I didn't sign anything prior to being interviewed.

1. Before you were interviewed by the client did you sign a separate opt-out clause?
2. After you were interviewed by the client did you sign a separate opt-out clause?

If the answer to both is "No" you have very strong grounds to argue that the opt-out in the contract isn't valid.

If the answer to 1 is "No" but 2 is "Yes" you still have strong grounds to argue the opt-out in the contract isn't valid.

The opt-out should be a separate document and not in the contract.

The contract is allowed to refer to the fact you are opted-out but it should not state that you agree to opt-out in the contract.

Roger Sinclair (do a search on this board for his name and details) is one lawyer who is very hot on the validity of opt-outs. Though doing it after the event does put you at a disadvantage in terms of cost and the other nasties that may be in the contract.

Lots of agents particularly those who have badly written contracts don't like it when you get a lawyer involved.

[fidgetated]

1. Before you were interviewed by the client did you sign a separate opt-out clause?
2. After you were interviewed by the client did you sign a separate opt-out clause?

I haven't signed a separate opt-out clause at all - just what was in the contract, so it sounds like I'm opted-in by default - which is good news.

Useful to have a name of someone who can check my next contract too - I think I've been very lucky this time by the sounds of it.