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Restriction clause - what does it actually mean?

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    Restriction clause - what does it actually mean?

    I have the following clause in my contract, please could I have some help understanding what it means, especially the bracketed part?

    'The consultancy shall procure that teh Consultancy staff shall not for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months [save in case of supply through a Company or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment]'

    Also, just to complicate things a little, my contractual situation is that my agency(1) are contracting me to another agency(2), who have then placed me at the client site. However, I only have this one contract between me and agency(1).

    Thanks in advance

    #2
    Depends on your opt in/out situation.

    Have a read of this sticky first as it makes a world of difference.

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

    Once you have done that search the forums for 'handcuff' or 'restriction' and read the many threads on the topic. Search method is details in the Welcome/FAQ section.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by northernladuk View Post
      Depends on your opt in/out situation.

      Have a read of this sticky first as it makes a world of difference.

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

      Once you have done that search the forums for 'handcuff' or 'restriction' and read the many threads on the topic. Search method is details in the Welcome/FAQ section.
      Happy New Year NLUK !!!
      When freedom comes along, don't PISH in the water supply.....

      Comment


        #4
        Originally posted by TestMangler View Post
        Happy New Year NLUK !!!


        and to you good sir!
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by honeybee View Post
          I have the following clause in my contract, please could I have some help understanding what it means, especially the bracketed part?

          'The consultancy shall procure that teh Consultancy staff shall not for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months [save in case of supply through a Company or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment]'

          Also, just to complicate things a little, my contractual situation is that my agency(1) are contracting me to another agency(2), who have then placed me at the client site. However, I only have this one contract between me and agency(1).

          Thanks in advance
          Anything to do with hyphen?

          Comment


            #6
            Originally posted by honeybee View Post
            I have the following clause in my contract, please could I have some help understanding what it means
            It means you shouldn't have signed that opt out they were so desperate for you to sign.

            Originally posted by honeybee View Post
            especially the bracketed part?

            [save in case of supply through a Company or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment]
            This might be your get out of jail free card. I presume that between them the two agencies are taking a big cut of the money and it's you want to cut them out.

            So what you need to do is go to the client and find a list of agencies who are on their "preferred suppliers" list. Check with them all and see if you have previously "registered" with any of them, ie sent them your CV. If any of them can find your CV on file then you might be able to cut out the two agencies and switch to a new agency on a much smaller cut.

            This will almost certainly require some co-operation from the client. Do you know what the total cut the agencies are taking is? Is the client willing to work with you on this?
            Free advice and opinions - refunds are available if you are not 100% satisfied.

            Comment


              #7
              It's not hyphen.

              I do have the name of another supplier who previously had my CV (all of the rest of my team are with them), and the client are happy to co-operate with a move over - but only once their current PO runs out, as otherwise it's too much paperwork.

              I've had a result today though, as my boss put me in touch with Agency(2) to try and iron out a few difficulties, and it turns out they are being screwed over by agency(1) and that I'm getting the net result of the Chinese whispers between all of them.

              I've now secured a rate rise until the end of the current PO, and will move over to a single agency arrangement after that

              Thanks for the help guys and girls

              Comment

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