Work: Would you breach your contract?

[DodgyAgent]

this is pissing me off..

i've just handed my notice in (as a permie) at Company A.. Company B, down the road, are currently a customer of Company A.. Company B want me and have offered a very lucrative, 12 month contract - all ready to go and sign.

HOWEVER! in working for Company B, i'd breach two of my contract constraints with Company A:

"Thou shalt not work with 20 miles of our office"

"Thou shalt not work for one of our customers"

What are my chances of getting this job? Are these constraints worth the paper they are written on?

Unless you going is a real threat to their business they will not bother. it is more trouble than it is worth. Companies will only take action if you are really taking the p*** or are hitting their pockets hard. A lot of these contract terms are there to scare people and to give protection in extreme circumstances

[Ardesco]

Unless you going is a real threat to their business they will not bother. it is more trouble than it is worth. Companies will only take action if you are really taking the p*** or are hitting their pockets hard. A lot of these contract terms are there to scare people and to give protection in extreme circumstances

Listen to DA, he knows what he's talking about!! He normally tries to do it to the people he pimps out

[Cooperinliverp00l]

How would cojmpany A find out you were now working for Company B down the road

[Ardesco]

if Co B are a customer of Co A the OP will probably come across people from Co A that he used to work with at some point.

[barry_abs]

Companies will only take action if you are really taking the p*** or are hitting their pockets hard.

i am doing both..

taking the piss: gratuitously leaving my employers to work on the customer project directly, taking all the money for myself. **** the middle man.

hitting pockets: i already earned Company A a fortune from Company B. Company A sub-contracted me to Company B for a year, previously. Now Company B are dependent on me. Me leaving Company A will lose the small fortune they anticipated earning for my second 12 month term.

[DodgyAgent]

Listen to DA, he knows what he's talking about!! He normally tries to do it to the people he pimps out

I do a great deal of placating worried contractors who are leaving jobs and are concerned that they have to serve out 3 months notice, go to a competitor/customer etc etc. as long as they do'nt take the p*** they should be OK. I do this for them not for me

[Ardesco]

I do a great deal of placating worried contractors who are leaving jobs and are concerned that they have to serve out 3 months notice, go to a competitor/customer etc etc. as long as they do'nt take the p*** they should be OK. I do this for them not for me

I'm sure the finders fee/12%+ cut of thier fee has absolutely no bearing on it at all

[DodgyAgent]

I'm sure the finders fee/12%+ cut of thier fee has absolutely no bearing on it at all

perish the thought

[TheFaQQer]

correct.. the precise wording is that i cannot work for a competitor with 20 miles, within 12 months - i.e. another company in the trade.

If that is the exact wording, then there is no chance that this would stand up in court. As far as I can see, the much more restrictive part is the 12 months rather than the distance.

If you are seen as a disguised employee (i.e. IR35 caught), then umbrella or limited probably makes no difference to you take home. If not, then go limited, as on a 12 month contract, you should avoid the problems you had with your last contract.