Contracting for/on behalf of my current firm....thoughts? (Not an IR35 question)

[SueEllen]

But if I'm keeping a client list and people are working with me is anyone going to care who I'm working under when they call me - if I switch to Ltd after a year, then I can't see that having a negative impact with those who I've already built a reputation.
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As NLUK stated your contract will definitely have a restraint of trade clause.

The client list is not yours if your ex-employer is managing you. From people I know who have had restraint of trade clauses in the past in different industries, yours will be one that will be very restrictive and most likely stick if you try and challenge it in court as you are a direct business competitor of your management company.

Even now if you set up as a limited from being a permie, if the restraint of trade clause is written properly in your employment contract if your employer challenges it it will stick.

The fact that both of you are small companies competing in the same market helps your ex-employer.

BTW at the moment what benefits does your employer give you? I suggest you get your contract and other employee paperwork out, and list them.

[vwdan]

As NLUK stated your contract will definitely have a restraint of trade clause.

The client list is not yours if your ex-employer is managing you. From people I know who have had restraint of trade clauses in the past in different industries, yours will be one that will be very restrictive and most likely stick if you try and challenge it in court as you are a direct business competitor of your management company.

Even now if you set up as a limited from being a permie, if the restraint of trade clause is written properly in your employment contract if your employer challenges it it will stick.

Hmm - yeah, this is a really good point and not something I'd thought of. There are no restrictions in my current contract, so I'm okay at the moment - but yeah, in 12 months time it could easily been seen as walking away with my employees clients.

BTW at the moment what benefits does your employer give you? I suggest you get your contract and other employee paperwork out, and list them.

Nothing beyond the standard benefits of being employed. No health care plan, no fancy pensions etc.

[vwdan]

I declined the offer