Reply to: Work: Would you breach your contract?

[TheFaQQer]

correct.. the precise wording is that i cannot work for a competitor with 20 miles, within 12 months - i.e. another company in the trade.

If that is the exact wording, then there is no chance that this would stand up in court. As far as I can see, the much more restrictive part is the 12 months rather than the distance.

If you are seen as a disguised employee (i.e. IR35 caught), then umbrella or limited probably makes no difference to you take home. If not, then go limited, as on a 12 month contract, you should avoid the problems you had with your last contract.

[DodgyAgent]

I'm sure the finders fee/12%+ cut of thier fee has absolutely no bearing on it at all

perish the thought

[Ardesco]

I do a great deal of placating worried contractors who are leaving jobs and are concerned that they have to serve out 3 months notice, go to a competitor/customer etc etc. as long as they do'nt take the p*** they should be OK. I do this for them not for me

I'm sure the finders fee/12%+ cut of thier fee has absolutely no bearing on it at all

[DodgyAgent]

Listen to DA, he knows what he's talking about!! He normally tries to do it to the people he pimps out

I do a great deal of placating worried contractors who are leaving jobs and are concerned that they have to serve out 3 months notice, go to a competitor/customer etc etc. as long as they do'nt take the p*** they should be OK. I do this for them not for me

[barry_abs]

Companies will only take action if you are really taking the p*** or are hitting their pockets hard.

i am doing both..

taking the piss: gratuitously leaving my employers to work on the customer project directly, taking all the money for myself. **** the middle man.

hitting pockets: i already earned Company A a fortune from Company B. Company A sub-contracted me to Company B for a year, previously. Now Company B are dependent on me. Me leaving Company A will lose the small fortune they anticipated earning for my second 12 month term.

[Ardesco]

if Co B are a customer of Co A the OP will probably come across people from Co A that he used to work with at some point.

[Cooperinliverp00l]

How would cojmpany A find out you were now working for Company B down the road

[Ardesco]

Unless you going is a real threat to their business they will not bother. it is more trouble than it is worth. Companies will only take action if you are really taking the p*** or are hitting their pockets hard. A lot of these contract terms are there to scare people and to give protection in extreme circumstances

Listen to DA, he knows what he's talking about!! He normally tries to do it to the people he pimps out

[DodgyAgent]

this is pissing me off..

i've just handed my notice in (as a permie) at Company A.. Company B, down the road, are currently a customer of Company A.. Company B want me and have offered a very lucrative, 12 month contract - all ready to go and sign.

HOWEVER! in working for Company B, i'd breach two of my contract constraints with Company A:

"Thou shalt not work with 20 miles of our office"

"Thou shalt not work for one of our customers"

What are my chances of getting this job? Are these constraints worth the paper they are written on?

Unless you going is a real threat to their business they will not bother. it is more trouble than it is worth. Companies will only take action if you are really taking the p*** or are hitting their pockets hard. A lot of these contract terms are there to scare people and to give protection in extreme circumstances

[barry_abs]

Can you imagine if that could be enforced and u were in London. You'd be fooked.

correct.. the precise wording is that i cannot work for a competitor with 20 miles, within 12 months - i.e. another company in the trade.

[XTC]

[QUOTE=barry_abs]

"Thou shalt not work with 20 miles of our office"
QUOTE]


Can you imagine if that could be enforced and u were in London. You'd be fooked.

[barry_abs]

Another poor misguided soul.

good day, sir

On what basis is working for somone else more hassle and less flexible than working for yourself?

everything was going fine with my Ltd. until we moved house.. i was forced to go back into permieship after just 3 months.. i sacked my accountants and decided to dissolve and complete my tax year paperwork myself..

i just thought i'd try brollying if i were to contract again.. and it were viable, and not too expensive..

FWIW using an umbrella shouldn't be a problem. Expensive and restrictive, but not a problem...

hmm.. i don't want my takehome murdered..

[malvolio]

thanks for the feedback guys.. the general consensus seems that point A is horsetulip, point B is dodgeable if i work through a Ltd.

Do you think i'll be ok working through a brolly? I've done the Ltd. thing before and hated it (not as flexible, more hassle).

thanks

Another poor misguided soul. On what basis is working for somone else more hassle and less flexible than working for yourself?

FWIW using an umbrella shouldn't be a problem. Expensive and restrictive, but not a problem...

[barry_abs]

thanks for the feedback guys.. the general consensus seems that point A is horsetulip, point B is dodgeable if i work through a Ltd.

Do you think i'll be ok working through a brolly? I've done the Ltd. thing before and hated it (not as flexible, more hassle).

thanks

[tay]

HOWEVER! in working for Company B, i'd breach two of my contract constraints with Company A:

You had a contract with Company A... some company you craete is going to have a contract with Company B... seperate legal entities.