Am I being screwed over...

I think you'll find that, given your sector, geography and the circumstances you find yourself in, you can definitely argue its a restraint of trade.

I would take the contract with whomever is offering it and just see what happens. Let the other party make a big deal out of it and come after you. What's the worst that can happen ? You get it in front of some arbitrator or judge or something and he sees your issues and rules in your favour ? or you have to leave ? I'd chance it.....

Alternately, just approach the one who just gave you notice and agree some sort of 'fee' to allow you go ahead (don't offer it up front) but just ask them if they have any objection.....you might find they won't under the circumstances.....

[Wanderer]

Today I'm contacted about a contract role with Fujitsu but I'm told if I've worked for Fujitsu on a permanent basis I would not be allowed to contract with them as there needs to be a 2 year gap.

I've had a similar restriction put on me but only because I left a permie job at a blue chip company with a massive (partly tax free) pay off. One of the conditions was that I couldn't return to the same employer within 2 years but this was down to HMRC rules regarding the tax free part of the pay off, not the company. This didn't stop people doing a Friday permie to Monday contractor to the company they outsourced us to though.

Did you take a tax free pay off when you left or did you just resign? You are right to double check with Fujitsu, it may be that they are over-reacting and hopefully this rule doesn't apply to you.

Good luck!

[pmeswani]

Why not just forget to mention you've worked with FJ. State you were employed by IBM. Your resource hiring manager isn't going to have a clue.

Until they check the HR database (either directly or via HR). After which the candidate will be considered a timewaster and a liar and won't be considered for any further roles with Fujitsu or by the agency.

[Green Mango]

Hard luck these restrictive practises are a real bind.

At GE, they now restrict you to a one year contract and you can't come back for a year I think. If you do come back later for a scond year contract, suppposedly once that is over you can't contract there again.

[Incognito]

Why not just forget to mention you've worked with FJ. State you were employed by IBM. Your resource hiring manager isn't going to have a clue.

[gingerjedi]

Go to the C.A.B. Look into free Legal Advice. Contact your local MPs - all of them. Maybe talk to a few local newspapers - even national ones.

Make sure the agency and employer you are looking to go through know all of this.

In other words: don't kick your dog when you could be kicking up a stink.

None of the above may ultimately bring you a job, but I personally would be at least happy with the satisfaction of making their lives miserable and panic-ridden for a while.

I'll do all that if it proves to be the case, in the meantime I'll wait for HR to get back to me.

The fact they've had all day does make me wonder if I've highlighted a problem for them should I want to take this further.

[nomadd]

...or what?

Go to the C.A.B. Look into free Legal Advice. Contact your local MPs - all of them. Maybe talk to a few local newspapers - even national ones.

Make sure the agency and employer you are looking to go through know all of this.

In other words: don't kick your dog when you could be kicking up a stink.

None of the above may ultimately bring you a job, but I personally would be at least happy with the satisfaction of making their lives miserable and panic-ridden for a while.

[configman]

If I had a dog I'd go and kick it.

Get a pit bull and let it loose in their office. Seriously, I think this is blatant discrimination and/or restriction of trade.

[gingerjedi]

I did email HR, I said it was grossly unfair to take my job, lay me off and then stop me working.

No response yet, probably gone up the food chain as they are going to have to be careful on this one.

[northernladuk]

I had something a little similar to this. Defense related as well oddly. Was working for a large IT supplier to certain defense company and got tuped in to the defense company as part of an insourcing exercise. Left after 3 month trial period to go contracting and the first contract I got offered was back with the IT supplier but the clause in the new contract stopped me working for suppliers for a 6 month period so had to turn it down.

Not quite as brutal as the OP situation but frustrating none the less.

[CheeseSlice]

In May this year after months of fruitless searching I took a permanent break/fix role with IBM, in October this year Fujitsu took over the contract from IBM and TUPE'd me across to them and after a 30 day consultation period I will be given notice.

Today I'm contacted about a contract role with Fujitsu but I'm told if I've worked for Fujitsu on a permanent basis I would not be allowed to contract with them as there needs to be a 2 year gap.

Get a copy of your employment contract with Fujitsu and see if that clause still holds after redundancy. I imagine this clause is present to prevent you from holding Fujitsu to ransom by threatening to leave so you can come back as a contractor, which is clearly not the case here. It may also be worth speaking to the HR department to explain what is going on and to see if an exception could be made.

As for the agency layer, is it possible that you were mistaken and that you didn't actually work for Fujitsu at all? (for less than 1 or 2 months)

[Lolas Cat]

...or what?

...

If I had a dog I'd go and kick it.

That's not funny at all.

[FiveTimes]

Man that sucks....

Who has the policy the agent or Fujitsu ?

I've worked at the telecoms arm of Fujitsu and there was no rule in place there.

[norrahe]

Ouch

[gingerjedi]

...or what?

Pretty much all my contracting life has involved the MoD, Defence or Aerospace so I tend to get those roles more easily than anything else. These roles will invariably be with HP/EDS or Fujitsu as they have the market cornered in those sectors.

In May this year after months of fruitless searching I took a permanent break/fix role with IBM, in October this year Fujitsu took over the contract from IBM and TUPE'd me across to them and after a 30 day consultation period I will be given notice.

Today I'm contacted about a contract role with Fujitsu but I'm told if I've worked for Fujitsu on a permanent basis I would not be allowed to contract with them as there needs to be a 2 year gap.

So to summarise: I was happy in a permy role with IBM until Fujitsu came along and put me out of work, now I'm barred from contracting with them for 2 years and they feature heavily in the sector I have most experience in.

If I had a dog I'd go and kick it.