Rescind Opt out of Conduct of Employment Agencies and Employment Business Regulations

[Incognito]

Hi everyone,

I opted out of the Conduct of Employment Agencies and Employment Business Regulations 2003, which having read this forum after, I realise to have been a silly thing to do not having known any better. However I am wondering how feasible is it for me to "opt out" now?

Basically my agency contract says I can't contract to my end client for a year after termination of my contract (due to expire next week). However another agency has contacted me about a role at said end client which my current agency wouldn't have access to - as such I'd like to take on the role, but think I may be legally hamstrung here.

Is it feasible for me to just opt out now, this late into my contract (started in September 2012, ending in December 2012) and avoid the handcuff clause?

Cheers!

Any clause in a contract which causes an imbalance between the parties or is ambiguous in anyway will generally be interpreted by a Court against the party which is seeking to rely on it.

So when an Agency imposes a restraint of trade into a contract, it shoud only serve the purpose to reasonably protect the agency's position. What is reasonable will be determined by the Court with regards to each individual circumstance, but in my opinion imposing a restrictive covenant on the OP not being able to seek engagement with a chain of businesses for a period of 12 months for what was a only a three month contract would likely fail.

If it was me, I'd go for the new role, don't tell the old agency and just stand your ground if they find out.

You should always seek independent legal advice, etc.

[NotAllThere]

...
Actually thinking about it, seeing as how the client's agency is very big and does direct recruitment for most companies in the UK as well, whether that would mean I technically couldn't work for any client whatsoever dealt with by that agency (which would be... pretty much anyone in the UK I could think of working for).

If this is the case, then it is effectively preventing you from carrying out your trade at all, and therefore unenforceable. This unenforceability is strengthened by the overly long time period.

But the issue isn't entirely whether the clause is enforceable - it's really to do with how risk averse the various entities in the chain are.

Personally, I'd just go for the other contract, and say nothing to the current agency.