Direct Aproach

[SueEllen]

Thinking about this, isnt this contract with the contractor's ltd company? So therefore if he did want to go direct he could just dissolve his company, start a new one and the old contracts conditions is null and void?

In some contracts the anti-competition clauses mention that the workers and directors of the company cannot work for the client for that amount of time in any other form.

If the anti-competition clauses are properly written, i.e. timespan isn't a year and they don't include every single subsidiary and every single client/customer of a client who is a national/multi-national, then it can be enforced.

[SueEllen]

Thank you for your comment.. I have to agree with you here, after all I am new to the game and that is why I am on this site to gain valid comments, but am I tied to any legal bindings if I have not signed? or perhaps the client has signed a similar contract with the agency?

Few points:
1. If you received payment from the contract then the agency could if they took it to court show that you actually agreed to the contract by your actions. In English and Welsh law you don't need to sign a document to show there is a contract in place. Most agencies won't do that but one day someone is going to come across an agency who is p*ssed off and will get a shock.


2. Find out by searching this forum about opt-in and opt-out. There is sticky at the top of one of the forums. It will show you what constitutes a valid opt-out and other things.


3. While verbal contracts and actions can show both parties intended to have a contract in English and Welsh law, if something goes wrong it's easy for both parties to tell their "version" of the truth in a court of law. Civil cases are judged on the balance of probabilities and having documentation helps you to swing that balance in your favour.