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Previously on "24 month Clause in my Agency Contract !"

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  • LondonManc
    replied
    Originally posted by northernladuk View Post
    That's just not going to work for a number of reasons.
    Depends on the clauses in the contract.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by northernladuk View Post
    That's just not going to work for a number of reasons.
    It depends on how the clause is written.

    Leave a comment:


  • CoolCat
    replied
    Originally posted by northernladuk View Post
    That's just not going to work for a number of reasons.
    I've seen it work a few times...

    Leave a comment:


  • northernladuk
    replied
    Originally posted by CoolCat View Post
    Often such clauses are written to tie down your limited company, and not you as an individual. Get it checked. If this is the case you can simply start up a new limited company and go back operating through that company.
    That's just not going to work for a number of reasons.
    Last edited by northernladuk; 30 August 2016, 11:39.

    Leave a comment:


  • CoolCat
    replied
    Often such clauses are written to tie down your limited company, and not you as an individual. Get it checked. If this is the case you can simply start up a new limited company and go back operating through that company.

    Leave a comment:


  • LondonManc
    replied
    Originally posted by Kraut View Post
    Is that the actual wording? (I have never seen such a narrow restriction; usually they are much broader.)
    Well, you could get the client to rename your role for a new contract with them, then.
    Well spotted. If you're in as a Business Analyst, get them to give you a different Role and Statement of Work and you're fine according to that.

    Leave a comment:


  • Kraut
    replied
    Originally posted by maly View Post
    [...]shall refrain from offering or concluding contracts as {position} with {client}[...]
    Is that the actual wording? (I have never seen such a narrow restriction; usually they are much broader.)
    Well, you could get the client to rename your role for a new contract with them, then.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by northernladuk View Post

    If the client really wants you it should be up to them to handle the agents. They will have upper contracts to deal with as well so I'd let them do the negotiating.
    This is the most important bit.

    I've been around agencies, consultancies and even smaller companies who clients have sacked for some reason but have managed to keep on all the contractors they want to. In some cases the client has managed to legally poach permanent staff.

    Leave a comment:


  • northernladuk
    replied
    In future read you contracts and understand it ALL. Not knowing something and just ignoring it till happens causes messes like this.

    I'd also imagine if you've 24 months in there you've not had it reviewed by a specialist. Make sure you do that in future.

    Leave a comment:


  • northernladuk
    replied
    Firstly.. If you are going to understand difficult situations you need to be clear with your understanding and terminology.

    Did your agent really employ you? People might think I'm being a pedant by Hyphen and others do employ people and then put them in clients sites. They are not contractors so it's a pretty important distinction.

    Secondly there are 100's of threads about handcuffs on here and I believe one popped up only yesterday.

    Fourthly 2 years is far too long for a handcuff. 6 months normally, possibly 12 in detailed circumstances but 24 months is an absolute joke. It means they cannot enforce it so you are fine.

    Fifthly, a handcuff can only really be valid if the party can prove a loss. They cannot pull it to play silly buggers. Courts will only be interested if the agency is genuinely losing money. If the client is going to ditch the agency then there is no more money for them to make so what's the point of them invoking the handcuff except to be arsed. Problem is however, If there is any overlap between the end of the engagement with agent A and start of B, A could argue that lost revenue. The agent has to be totally out of the picture as well Ie. Zero chance of them proving a loss.

    Erm, forgot to not what number so sack that now. The agent is going to throw alright stink though so whatever is legal may not matter compared to the reality. Could be a first to blink situation regardless of what's legal.

    If the client really wants you they might be able to buy out of the handcuff.

    If the client really wants you it should be up to them to handle the agents. They will have upper contracts to deal with as well so I'd let them do the negotiating.

    Leave a comment:


  • maly
    started a topic 24 month Clause in my Agency Contract !

    24 month Clause in my Agency Contract !

    Hi !

    I have a question and would love to get your opinion..

    My Agency has employed me to work for one of their client. I have been working for them for almost a year now and all is going well between me and the client. However, not everything is going well between the client and the agency... The agency did a few very unprofessional mistakes (I wasn't involved) and the client wants to stop dealing with this agency.

    The client would still like to keep my services, and eventually put me through another agency. However, I saw in my contract with the agency this clause:
    "For the subsequent 24 months after the end of this agreement subcontractor shall refrain from offering or concluding contracts as {position} with {client} or other third party supplier to {client} unless consent in writing by {Agency}."

    Here, I will add because I can feel that some will perhaps raise an eyebrow... yes I should have been more careful and forward-thinking, yes I shouldn't have agreed for such a long period etc. I KNOW . I am young and this experience will teach me things

    Now, is there anything that can be done ? Or will have just to find another client / stick with this (very unprofessional) Agency.

    Thank you so much for your advice !

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