2 year exclusion clause

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WindyAnna replied

24 April 2007, 08:01
Cheers all

I know that 6 months is normal and that if opted in is unenforceable, it was more the end client thing that seems mighty unusual. Have had contracts with consultancies before and this has never been in my contract - it has been in the contract between the end client and the consultancy. They were always "big 4" contracts, whereas this is a much smaller consultancy. anyone else working in this way and got an end client clause?

Have signed not signed the changed contract. Agency tells me that all other contracts are 6 months and that this consultancy "demanded" that the clause be put in ... I don't think they have that right as my relationship is with the agent! Have passed to my solicitor.

Funnily enough the agent never asked if I wanted to opt in or out but have sent me the form to sign to opt out - at which point I did my best "quelle surprise!" voice and told them I was so shocked to receive it since they had assumed I would opt out and perhaps I don't want to, I was told that all contractors always want to opt out?!?!?

Thanks again

Annette
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Vito replied

24 April 2007, 07:02
Seems reasonable to me...

If you are not happy with the terms...don't accept them and find another gig...
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malvolio replied

23 April 2007, 16:54
No it's not reasonable. Six months is reasonable. Also they cannot vary a signed contract without your permission and agreement. Time to negotiate, methinks...
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Sockpuppet replied

23 April 2007, 16:52
Did you opt in / out of the EB regs.

This has (like most if not all of topics asked) been covered before. A search would have told you that.
Leave a comment:
WindyAnna started a topic 2 year exclusion clause

23 April 2007, 16:36
2 year exclusion clause

After some advice please ....

I'm working via an agency to a consultancy who have placed me with an end client. The consultancy have told the agency to put in a 24 month exclusion clause on my contract preventing me from working for the end client for 2 years!

Is this allowable/enforceable? As far as I am concerned my contract is with the agency - theirs is with the consultancy and they in turn have one with the end client?? Therefore any clauses preventing the end client from hiring me should go in the latter one - not in mine with the agent.

Whaddaya reckon?

Cheers

Windy
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