Restrictive covenant - working for third party clients

[SueEllen]

Just for clarification, you are not going to the client are you? You are going to their client?

If the above is the case the agency doesn't stand a cat in hell's chance. It is restrictive trade. Is there even actually a clause that says you can't work for the client's client?

As above, if they do get shirty then tell them you will sue for the loss of the entire contract.

And get some real legal advice. I can provide a good contact if required.

Loads of agents put that clause in their contracts.

Brilliant when there is a dispute as if you wished to take it to the full conclusion the entire clause can be struck out.

[beachcomber]

Just for clarification, you are not going to the client are you? You are going to their client?

If the above is the case the agency doesn't stand a cat in hell's chance. It is restrictive trade. Is there even actually a clause that says you can't work for the client's client?

As above, if they do get shirty then tell them you will sue for the loss of the entire contract.

And get some real legal advice. I can provide a good contact if required.

To clarify:

• I am hoping to go to the clients client
• The end client has never been a client of my employment agency.
• The relationship between my agency and their end client is coming to an agreed end, and there will be no further work placed with my agency, for the forceable future.
• Their [the end client] approach to me came after a fellow contractor told them that I may be interested in going over to them.
• I have signed the opt-out and the date printed on the document was the day before my contract started.

The restriction they have put in place in the contract I signed is as follows:

Unless XXXX has provided prior written consent, the Consultancy shall not for a period of six months following the termination of the Assignment supply its services directly, or through any other person, firm or company, to any Client or End-Client for whom it has carried out the Assignment at any time during the previous six months (save in the case of supply through an employment business or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment). If the consultancy is in breach if this clause, which the consultancy understands survives the termination of the assignment, then the consultancy shall pay to XXXX 50% of all sums it received from XXXX during the course of the assignment

XXXX = the agency name

[beachcomber]

And get some real legal advice. I can provide a good contact if required.

I would be very interested in talking to your contact. - Although I hope that things won't come to it.

[GB9]

So they have had a go at covering it but really it is restrictive.

These things are really there to stop the agent introducing the supplier and then them cutting the agent put of the deal. That would be reasonable. What you have posted, isn't.

As others have said, they may cause you a world of pain. I was lucky in that the end client didn't like the agency and told then they would get no further work from them due to their behaviour. Furthermore, my next client with whom I had found work independently, wouldn't have anything to do with them either. Obviously that helped.

However, if you are serious, then get proper legal advice. Its all well and good getting support from some board-monkies, but you need the real thing.

[beachcomber]

However, if you are serious, then get proper legal advice. Its all well and good getting support from some board-monkies, but you need the real thing.

I certainly won't make a move without rock solid legal advice, I would be interested in knowing the contact details of good contract lawyers, just in case...

[GB9]

I certainly won't make a move without rock solid legal advice, I would be interested in knowing the contact details of good contract lawyers, just in case...

Sent you a PM

[beachcomber]

Sent you a PM

Thanks