non-solicitation clause

[tractor]

.....

Hi All,

I currently work for a big company who i am subcontracted through a firm i work for a few years back.

Now its a going a bit messy and people are leaving etc my contract ends soon and i don't want to subcontract but the end client wants potentially keep me.

I have a clause in my contact which is as follows:

Non- solicitation
The Consultant will not at any time during the Contract Term and for 12 months after that without SUBCONTRACTED CLIENT prior written agreement directly or indirectly through a third party actively solicit or otherwise attempt to offer employment or engagement to any employee who at the time of such action or during a period of 12 months immediately preceding such action was involved with the Services.

Consultant shall not without SUBCONTRACTED CLIENT prior written consent solicit the custom or seek to take employment with the SUBCONTRACTED CLIENT Client with whom they have had dealings directly during the course of their assignment under this Agreement during it’s term and for 12 months thereafter for work related to the Services.

Will this stand up as in theory my job title will change and also the client is asking me.

any thoughts would be great.

Thanks,

Jim

It is not clear from your description what your position actually is. Are you employed, self-employed, contracted through an umbrella or a limited company? The tense is not clear either. What does 'a few years back' mean?

What is the chain of engagement?

[Andy Hallett]

I would focus on the word 'employment'. I am guessing it is not defined in the contract as the word isn't capitalised and therefore takes on its natural definition.

As long as you are not employed by them, you are fine.

[northernladuk]

It says the consultant so a change in title means squat. You'll still be the consultant.

Contractual clauses aside its more likely whoever currently owns you will get upset as he has dibs on you and may lose money if you go direct. He throws a stink and the client will just drop you to avoid the hassle.

[jelly55]

Hi All,

I currently work for a big company who i am subcontracted through a firm i work for a few years back.

Now its a going a bit messy and people are leaving etc my contract ends soon and i don't want to subcontract but the end client wants potentially keep me.

I have a clause in my contact which is as follows:

Non- solicitation
The Consultant will not at any time during the Contract Term and for 12 months after that without SUBCONTRACTED CLIENT prior written agreement directly or indirectly through a third party actively solicit or otherwise attempt to offer employment or engagement to any employee who at the time of such action or during a period of 12 months immediately preceding such action was involved with the Services.

Consultant shall not without SUBCONTRACTED CLIENT prior written consent solicit the custom or seek to take employment with the SUBCONTRACTED CLIENT Client with whom they have had dealings directly during the course of their assignment under this Agreement during it’s term and for 12 months thereafter for work related to the Services.

Will this stand up as in theory my job title will change and also the client is asking me.

any thoughts would be great.

Thanks,

Jim