Restraint of Trade and NDA

[Wanderer]

I may have missed something here, but how can you be prevented from "disclosing" things about Company A to Company A? Company B I could understand, but not the same damned one...

It doesn't need to make sense or even be legally enforceable, what it's about is bluff and bluster to scare the client into not engaging the worker through a different consultancy.....

[Wanderer]

I contacted the consultancy to see if they are holding me to the NDA and they went to the hiring manager at client company to insist that I must be recruited through them

Ahhh, I think that was a big mistake.

Of course they are going to try and hold you to this nonsense NDA. They are probably charging their people out at £1000/day and paying them about £350 so they aren't going to just let this one slide. Now they are going to make your life hell and probably play dog in the manger by trying to prevent you working for the client at all if they can't get their cut.

In my mind, what you should have done was just taken the job through the new consultancy and dealt with the fall-out when and if it ever happened. The thing is that once you have a contract and your bum on a seat it's going to be a lot more difficult for your old consultancy to muscle in and a lot easier for you to sue them for damages if they cause you to lose your job.

As it stands, you are just one of several potential candidates for the job and they will just put you in the "too difficult" pile and find someone else.

[malvolio]

I may have missed something here, but how can you be prevented from "disclosing" things about Company A to Company A? Company B I could understand, but not the same damned one...

[BlasterBates]

Probably best to resolve without a legal dispute if possible, probably a reasonable option to go through the consultancy. Whether it is them or an agency that gets the margin makes no odds.

[GB9]

I will get legal advice on this.

I contacted the consultancy to see if they are holding me to the NDA and they went to the hiring manager at client company to insist that I must be recruited through them so the only way I can land the assignment is to go through them again which I am reluctant to do.

Why are you reluctant to go through them? If it means you get the gig and they give you a bit of P&Q doesn't that solve everyone's issue?

[TombRaider]

I will get legal advice on this.

I contacted the consultancy to see if they are holding me to the NDA and they went to the hiring manager at client company to insist that I must be recruited through them so the only way I can land the assignment is to go through them again which I am reluctant to do.

[BolshieBastard]

TBH, I think it's very foolish to advise anyone to ignore something in a contract just because they dont like it.

While I agree the consensus is a handcuff of 12 months is excessive, it doesnt mean any judge would dismiss it as such.

I'd strongly suggest a trip to an employment \ company law specialist. OK it may cost a couple of hundred quid but it could say you thousands if the other party did decide they want to seek redress.

[Wanderer]

Can't just keep my head down as the original consultancy company have people on board so my arrival would not go unnoticed.

I would keep my head down and just do the work. Once you have your bum on a seat, it's going to be a lot more difficult for the consultancy to stop you. If the tulip hits the fan then the two consultancies can fight it out.

[BlasterBates]

Maybe worth a visit to a lawyer.

[TombRaider]

I think you would be fine. That won't stop the consultancy company trying it on with some bluff and bluster if they find out so keep your head down...

Can't just keep my head down as the original consultancy company have people on board so my arrival would not go unnoticed.

I left the client 6 months ago so there are no problems with the original agency.

[GB9]

How long since you left the client from the original contract?

Without knowing the exact details.....but personally I would ignore it.

[Wanderer]

Is this NDA enforceable in law?

As it happens, I didn't have access to any of the consultancy company's proprietary information so have nothing that I could disclose even if I wanted.

I think you would be fine. That won't stop the consultancy company trying it on with some bluff and bluster if they find out so keep your head down...

[BlasterBates]

This is always a moot point agency dumps you and then can they restrict you. Only a lawyer can tell you. In my view this clause is to prevent you from doing the dirty, i.e. turn down an extension and go direct, but once you are done and dusted and left on the shelf they´re not going to come after you. As for divulging as long as you clearly have no documentation from the consultancy there´s no question about that,

If you have no other alternatives I would go ahead, sure there´s a bit of a risk but it´s low. Why would this consultancy want to start an expensive legal case; the truth is they´re way too busy. You´re better off working with some slight risk than sitting on the bench.

[TombRaider]

Hi, I have a similar restraint of trade question.

And I know the immediate answer is that I should have read it fully before signing.

Last year, I did a contract assignment for end client, provided by a consultancy company which I landed through a recruitment agency. There was a restriction period with the agency but that has now expired.

However, in addition to my contract with the agency, I had to sign a non-disclosure agreement (NDA) with the consultancy company basically committing to not divulge any proprietary or confidential information.

I had no problems signing that but if I had been more careful I would have picked up on a section therein that had the following (paraphrased):

"Non-Solicitation. Contractor acknowledges that Contractor’s solicitation of client after the expiration of Contractor’s engagement would involve the unauthorized disclosure of Confidential Information and agrees that, for one year not to offer services to the client"

Now I have the opportunity of another different kind of assignment through another consultancy with the same client. Is this NDA enforceable in law?

As it happens, I didn't have access to any of the consultancy company's proprietary information so have nothing that I could disclose even if I wanted.