Restriction of trade?

[stebain3258]

Hi,
I am new in here and like the readings. I have a situation that even though i think I know the answer i must ask for advice.
I have been contracting for this client for 9 months, where the origional contract was for just 3 months and had been extended twice. I started as a requirement for major project work in a support capacity. In the last month of me working for the client an outsourcing company who maintains and supports all the IT infrastructure and services took on more engineers in various office throughout the UK and wanted to bring me on board still as a contractors and could lead to a perm position. The agency said I couldn't as i had a 12 month clause in my contract and the outsourcing company looked into buying me out for the remaining 3 months. It was too large a fee so I had to be let go. I have been struggeling to find more work and am unemployed and was wondering if there is a case of 'restriction of trade' as there is work for me with the client but with the outsourcing company.
The agency is purely looking after their business interests purely in a financial situation. They lose out, i lose out and the client lose but i lose out the most of have lost my job purely from greed.
In my view the agency is preventing me from working a living wage and could i have a case?

Any help would be appreciated

[cojak]

Did you Opt-in or Opt-out of the AWR regulations?

[stebain3258]

steve

I never signed a contract with the agency, it was done by the agancy and the client. I was never given the option to choose. All i had to sign was a 'part contract' from my umbrella company and all it had was terms and conditions ie notice periods etc

[northernladuk]

Did you Opt-in or Opt-out of the AWR regulations?

Ahem, don't you mean the Employment Business and Employment Agency Regulations 2003?

You cannot opt in or out of the AWR.

[northernladuk]

OP...Read this thread very carefully...

http://forums.contractoruk.com/busin...-2003-act.html

[stebain3258]

Steve

OPT OUT but that was only in the PDF candidate assignment that i was sent and not in any contract

[GB9]

Hi,
The agency said I couldn't as I had a 12 month clause in my contract
Any help would be appreciated

Right. My understanding is:

- You go through the agency to the client

- The client gets an out-sourcer to deliver some work

- The out-sourcer says 'please come work for us somewhere'

- The agency says 'you can't do that because you met the out-sourcer whilst working through us therefore we want money'

If the above is correct, then your response is: "go 'expletive of choice' yourselves" and take the contract. Do you have legal insurance that will cover your costs if needs be? And if not, why not?

Been there, done it. Regardless of what you signed in or out of, they won't win.

If the above isn't correct, then please add clarification.

Ta

[stebain3258]

Steve

Right. My understanding is:

- You go through the agency to the client

- The client gets an out-sourcer to deliver some work

- The out-sourcer says 'please come work for us somewhere'

- The agency says 'you can't do that because you met the out-sourcer whilst working through us therefore we want money'

If the above is correct, then your response is: "go 'expletive of choice' yourselves" and take the contract. Do you have legal insurance that will cover your costs if needs be? And if not, why not?

Been there, done it. Regardless of what you signed in or out of, they won't win.

If the above isn't correct, then please add clarification.

Ta

OPT out but that was just in a Contractor assignment and not a contract.
Yes, the above is correct in what you ask.

[cojak]

Ahem, don't you mean the Employment Business and Employment Agency Regulations 2003?

You cannot opt in or out of the AWR.

Yes I do. Good spot

[stebain3258]

Steve

not sure what you mean

-If the above is correct, then your response is: "go 'expletive of choice' yourselves"