Non-solicitation of Client

[TheFaQQer]

Although I have been getting paid by the agency between Oct. to Dec 2006, I haven't really signed a new contract since October. As it will be 4 months by the end of January 2007 and technically I should not be covered by the above clause, do I still need to worry about switching my recruitment agency to another one?

You are still covered by the clause. Even though you didn't sign a contract, by continuing to work there (and I assume you have been billing through the agency for that time), you have accepted the terms of the contract.

Possible options:

1 - Discuss it with the agency and point out that unless they improve / sort it out you won't renew, and they'll have no revenue at all from the client.

2 - See how much it would cost to buy your way out of the contract.

3 - Go direct to the client anyway, and tell the agency to sue you if they're not happy.

IANAL, but that's just my thoughts.

Faqqer

[WhoKnowz]

Changing Recruitment Agency: Non-solicitation of Client

Sorry to hijack the thread but I have a related issue:

I have been contracting through with my UK limited company through a recruitment agency for 9 months now (till Dec2006). For the first 6 months until the end of Sept./2006 I had a contract that I signed with the following clause:

"Throughout the Assignment Period and for a period of 4 months afterwards the Contractor will not and will procure that the Personnel will not provide services similar to the Services or any information technology related services in any capacity either directly or indirectly to the Client . . ."

For renewal I had a lot of issues with the agency negotiating my new contract and never signed a new one since end of Sept./2006. The client is aware of the problems I have had and is supportive and willing for me to sign my new contract with a different agency.

My question:
Although I have been getting paid by the agency between Oct. to Dec 2006, I haven't really signed a new contract since October. As it will be 4 months by the end of January 2007 and technically I should not be covered by the above clause, do I still need to worry about switching my recruitment agency to another one?

Would appreciate any advice - especially legal!

[Goya]

My understanding is that neither you (nor anyone else that you bring in on the contract) will take on another project which would be a conflict of interest with this one - for example if you are writing a new system for Gazump Estate Agents Ltd, which revolutionizes how they sell, you can't go and do the same thing (at the same time) for another estate agent. You could take the knowledge that you've learned and tout that to other companies later, but not while you are doing this contract.

Thanks, that's what I wanted to hear. I can accept the non conflict clause, as long as it didn't stop me taking on any other work.

[Goya]

Privity.

http://www.lectlaw.com/def2/p165.htm

A swift google will get you injunct too.

Okay, I'll give you that one. I looked it up in the Oxford dictionary & it didn't have it!

Are you guys realy IT tractors?????

Not sure I can let you have that one though!

[TheFaQQer]

Conflict of Interest
Throughout the Assignment Period the Contractor will not and will procure that the Personnel will not accept any consultancy, employment or other position that would or may in the reasonable opinion of the Company create a conflict of interest with the Contractor's and Personnel's obligations under this Agreement.

My understanding is that neither you (nor anyone else that you bring in on the contract) will take on another project which would be a conflict of interest with this one - for example if you are writing a new system for Gazump Estate Agents Ltd, which revolutionizes how they sell, you can't go and do the same thing (at the same time) for another estate agent. You could take the knowledge that you've learned and tout that to other companies later, but not while you are doing this contract.

[The Lone Gunman]

Privity.

http://www.lectlaw.com/def2/p165.htm

A swift google will get you injunct too.

Are you guys realy IT tractors?????

[triboix]

I noted that the PCG contract also had a similar clause in. Is it unreasonable to expect this to be removed? Is it not an abuse of my human rights to prevent me from working (using another agency or direct contract)

Basically, you want your agency to give up their business to you. Too easy: work for a month through the agency, then go direct with the client and cash in your agency's percentage!
No agency is going to remove such a clause, and honestly, you are very lucky it's only 4 months.

Throughout the Assignment Period the Contractor will not and will procure that the Personnel will not accept any consultancy

It is proper English, I think. It means that if you employ some people, you have to make sure that they also respect this rule.

Privity (as in "Privity of Contract")
injunct ("the Company may injunct the Contractor . . .")

All right, these are wrong!!

[Goya]

In the process of evaluating a contract for renewal & wondered if anyone had successfully got a "Non-solicitation" clause removed by an EB? I've currently got the following:

"Throughout the Assignment Period and for a period of 4 months afterwards the Contractor will not and will procure that the Personnel will not provide services similar to the Services or any information technology related services in any capacity either directly or indirectly to the Client . . ."

I noted that the PCG contract also had a similar clause in. Is it unreasonable to expect this to be removed? Is it not an abuse of my human rights to prevent me from working (using another agency or direct contract)

Also, does anyone speak "legal" here? I've read the following clause several times & am still not convinced it's proper English:

Conflict of Interest
Throughout the Assignment Period the Contractor will not and will procure that the Personnel will not accept any consultancy, employment or other position that would or may in the reasonable opinion of the Company create a conflict of interest with the Contractor's and Personnel's obligations under this Agreement.

Lastly, does anyone recognise the following words that are used in the contract? They don't appear to belong to the English language:

Privity (as in "Privity of Contract")
injunct ("the Company may injunct the Contractor . . .")