Reply to: What is the maximum legal length & scope of agent restricting further work direct

[Pondlife]

This is quite a useful explanation if you're opted in

Linky

[Badger27]

On a similar topic - if an agency arranges an interview for you and you turn down the job offer in the 1st instance - after what period of time can you then approach the client direct. Nothing of course is ever signed in this scenario.

[YHB]

Except that it's 8 weeks

tim

read up on the Agency Law 2003 - 8 weeks after contract or none if contract has been longer than 14 weeks

[tim123]

I assume Another Dodgy Agent is referring to the 6 week clause in the agency regulations which applies if you are opted on. Don't know the details but you should be able to turn something up with a search.

Except that it's 8 weeks

tim

[tim123]

My advice from an agent perspective. Say you will not sign the contract or even consider turning up on site until that clause is removed. Trust me, the agent will remove it. They cannot afford to lose you, a) disappointed client, b) lost a deal, c) back to square 1, d) other agent may fill the role instead.

Really?

I know of at least one agent who will tell you that the job has been withdrawn and tell the client that the contractor has declined, because the contractor wouldn't agree to a rate with their rip-off 30% margin.

I can well believe that some will do this over a non-compete clause

tim

[ASB]

Nobody have an answer?

I assume Another Dodgy Agent is referring to the 6 week clause in the agency regulations which applies if you are opted on. Don't know the details but you should be able to turn something up with a search.

[havoc1]

Nobody have an answer?

[MacumLad]

Hi all, this is my first post so if I seem a bit clueless then I apologise.

I'm working through an agency on a 2 month contract which is due to end at the end of the month, the company want to extend it and want to bypass the agency as the contract with them has finished and they will pay me what they have been paying the agency, how do I stand if they or me dont inform the agency?

[ratewhore]

What's the 42 day ruling? Tried searching on here and couldn't find anything.

Ta

Locking you up without charge?

[havoc1]

And, in reality its pretty unenforcable, especially with the 42 day ruling.

What's the 42 day ruling? Tried searching on here and couldn't find anything.

Ta

[YHB]

My advice from an agent perspective. Say you will not sign the contract or even consider turning up on site until that clause is removed. Trust me, the agent will remove it. They cannot afford to lose you, a) disappointed client, b) lost a deal, c) back to square 1, d) other agent may fill the role instead.

And, in reality its pretty unenforcable, especially with the 42 day ruling. I had a contractor friend that was working through another agency on my client site. Went on a 2 month trip around the world, came back, wanted to work through my agency (PCG IR35 friendly contract), we took him on, reassured the client we (agency) would take any flack contractually, his old agent never knew what happened. Still contracting there now after 4 years...

Many thanks, have written alternate clause which I will be bringing to their notice at the last possible minute

I originally advised i was off at end of current one and the client has gone to great lengths to keep me so have a strong hand.

[Another Dodgy Agent]

You could argue its a restraint of trade: http://en.wikipedia.org/wiki/Restraint_of_trade

Realities are - who is going to know if you don't tell them? And are they really going to be motivated to start a legal case if they are still working with original client? Even if they did, no judge or jury is going to rule against you for trying to put food on your table.

Its agency crap to lock you in. Get it removed or just ignore it.

My advice from an agent perspective. Say you will not sign the contract or even consider turning up on site until that clause is removed. Trust me, the agent will remove it. They cannot afford to lose you, a) disappointed client, b) lost a deal, c) back to square 1, d) other agent may fill the role instead.

And, in reality its pretty unenforcable, especially with the 42 day ruling. I had a contractor friend that was working through another agency on my client site. Went on a 2 month trip around the world, came back, wanted to work through my agency (PCG IR35 friendly contract), we took him on, reassured the client we (agency) would take any flack contractually, his old agent never knew what happened. Still contracting there now after 4 years...

[pauly]

Hi,

Have a contract saying:

for 12months after the end of a contract I cannot without the agents permissions enter into any employment through any individual/organisation/direct where I was introduced directly or indirectly as a result of this assignmet in the clients business/project

1) So what is the maximum allowed as 12 months seems crazy?
2) The indirectly is vague so what is allowed in scope?

Its a big company and a contract may come up in future so would like to know the actual legal allowance to the agent.

You could argue its a restraint of trade: http://en.wikipedia.org/wiki/Restraint_of_trade

Realities are - who is going to know if you don't tell them? And are they really going to be motivated to start a legal case if they are still working with original client? Even if they did, no judge or jury is going to rule against you for trying to put food on your table.

Its agency crap to lock you in. Get it removed or just ignore it.

[blacjac]

individual/organisation/direct where I was introduced directly or indirectly as a result of this assignmet in the clients business/project

This bit sounds like rubbish to me?

So If I take a contract at IBM, and someone they have a contract with BT that I work on, then I can't contract direct with BT without giving the agency a cut?

I'd say that is unenforceable, but IANAL.

[NickNick]

IIRC, there's no maximum, it's whatever is in the contract. However, 12 months is generally seen as unenforceable, 6 months as vague legal ground and 3 months as fine. This is only in my expereince though.

If you are not happy with the 12 month clause, then get it changed.