Restraint of Trade and NDA

[BlasterBates]

Probably best to resolve without a legal dispute if possible, probably a reasonable option to go through the consultancy. Whether it is them or an agency that gets the margin makes no odds.

[malvolio]

I may have missed something here, but how can you be prevented from "disclosing" things about Company A to Company A? Company B I could understand, but not the same damned one...

[Wanderer]

I contacted the consultancy to see if they are holding me to the NDA and they went to the hiring manager at client company to insist that I must be recruited through them

Ahhh, I think that was a big mistake.

Of course they are going to try and hold you to this nonsense NDA. They are probably charging their people out at £1000/day and paying them about £350 so they aren't going to just let this one slide. Now they are going to make your life hell and probably play dog in the manger by trying to prevent you working for the client at all if they can't get their cut.

In my mind, what you should have done was just taken the job through the new consultancy and dealt with the fall-out when and if it ever happened. The thing is that once you have a contract and your bum on a seat it's going to be a lot more difficult for your old consultancy to muscle in and a lot easier for you to sue them for damages if they cause you to lose your job.

As it stands, you are just one of several potential candidates for the job and they will just put you in the "too difficult" pile and find someone else.

[Wanderer]

I may have missed something here, but how can you be prevented from "disclosing" things about Company A to Company A? Company B I could understand, but not the same damned one...

It doesn't need to make sense or even be legally enforceable, what it's about is bluff and bluster to scare the client into not engaging the worker through a different consultancy.....