Restraint of trade

Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:

You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

timfoster replied

17 August 2009, 11:29
Originally posted by contractreviews.co.uk View Post

Hi SRusten,

To be blunt. Yes then can.

However, this will be limited in time and depend whether you have opted out of the Conduct of Employment Businesses and Agencies Regulations.

Should you have not opted out then a strict time frame will apply:

(a) an 8 weeks period commencing on the day after the day on which you last worked for the client; or

(b) a period of 14 weeks commencing on the first day which you were introduced.

Should you have opted out of the Regulations then, no restriction will apply, as long as these are reasonable. These usually range from 6 to 12 months.

Mardi

Can someone tell me where I can find this more formalised? With all respect to Mardi, my agency aren't going to take the fact that I found this on a forum as very strong evidence.

Also, which clause applies? 8 weeks from end, or 14 weeks from start? I'm assuming it's whichever is later, but I'd like to be sure.
Leave a comment:
TheRefactornator replied

29 April 2009, 13:05
Originally posted by DodgyAgent View Post

Is your second name Grass?

..or bum
Leave a comment:
DodgyAgent replied

29 April 2009, 13:03
Originally posted by contractreviews.co.uk View Post

Hi SRusten,

To be blunt. Yes then can.

However, this will be limited in time and depend whether you have opted out of the Conduct of Employment Businesses and Agencies Regulations.

Should you have not opted out then a strict time frame will apply:

(a) an 8 weeks period commencing on the day after the day on which you last worked for the client; or

(b) a period of 14 weeks commencing on the first day which you were introduced.

Should you have opted out of the Regulations then, no restriction will apply, as long as these are reasonable. These usually range from 6 to 12 months.

Check your Contract.

Note should have not opted out the restriction period found in your client's agreement will not matter. Your restriction will also apply to the client and the agency may not apply a longer restriction on them.

Hope this helps.

Mardi

Is your second name Grass?
Leave a comment:
contractreviews.co.uk replied

28 April 2009, 19:33
Originally posted by SRuston View Post

Hi There,

I have previously provided services to a company through one agency & now the client has contacted me about going back to contract for a different department but I have a clause in the original contract regarding providing service through other companies in which it states that they expect 20%.

Are these clauses legal? Do they stand up if challenged?

Thanks

Steve

Hi SRusten,

To be blunt. Yes then can.

However, this will be limited in time and depend whether you have opted out of the Conduct of Employment Businesses and Agencies Regulations.

Should you have not opted out then a strict time frame will apply:

(a) an 8 weeks period commencing on the day after the day on which you last worked for the client; or

(b) a period of 14 weeks commencing on the first day which you were introduced.

Should you have opted out of the Regulations then, no restriction will apply, as long as these are reasonable. These usually range from 6 to 12 months.

Check your Contract.

Note should have not opted out the restriction period found in your client's agreement will not matter. Your restriction will also apply to the client and the agency may not apply a longer restriction on them.

Hope this helps.

Mardi
Leave a comment:
BrilloPad replied

27 April 2009, 10:11
If the client is a big user of the agency they might be able to get it waived.
Leave a comment:
Ardesco replied

27 April 2009, 10:05
And how long was the clause in the original contract. If the original clause was not legally enforcible, the whole clause may be invalid.
Leave a comment:
DodgyAgent replied

27 April 2009, 08:31
Originally posted by SRuston View Post

Hi There,

I have previously provided services to a company through one agency & now the client has contacted me about going back to contract for a different department but I have a clause in the original contract regarding providing service through other companies in which it states that they expect 20%.

Are these clauses legal? Do they stand up if challenged?

Thanks

Steve

How long since you left?
Leave a comment:
SRuston started a topic Restraint of trade

27 April 2009, 07:50
Restraint of trade

Hi There,

I have previously provided services to a company through one agency & now the client has contacted me about going back to contract for a different department but I have a clause in the original contract regarding providing service through other companies in which it states that they expect 20%.

Are these clauses legal? Do they stand up if challenged?

Thanks

Steve
Tags: None