Restrictive Covenants by greedy agency for re-employment with same client Restrictive Covenants by greedy agency for re-employment with same client
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  1. #1

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    Default Restrictive Covenants by greedy agency for re-employment with same client

    hi I think this thread has been addressed here multiple times but not in this variation...

    I am employed in a classic way via my limited company I am a director of as per 1. below and want to move to 2.

    1. (a) client (b) agency (c) me
    2. (a) client (b) consultancy (c) me

    My contract ends on 19 September. Client (a) wants to extend me however due to internal politics I can't be extended due to head count restriction hence I need to come back as consultant. A big consultancy on the project said they are happy to bring me in however as you may expect (b) has got 12month clause preventing me from employment with (a) other than through (b).

    What can I do here - I ve got a week to do this. Both (a) and (b) are big market players none of which would want to jeopardise relationship for me I would think. Agent already said his agency won't let it happen.

  2. #2

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    Quote Originally Posted by FreeL View Post
    hi I think this thread has been addressed here multiple times but not in this variation...

    I am employed in a classic way via my limited company I am a director of as per 1. below and want to move to 2.

    1. (a) client (b) agency (c) me
    2. (a) client (b) consultancy (c) me

    My contract ends on 19 September. Client (a) wants to extend me however due to internal politics I can't be extended due to head count restriction hence I need to come back as consultant. A big consultancy on the project said they are happy to bring me in however as you may expect (b) has got 12month clause preventing me from employment with (a) other than through (b).

    What can I do here - I ve got a week to do this. Both (a) and (b) are big market players none of which would want to jeopardise relationship for me I would think. Agent already said his agency won't let it happen.
    How much business does (1b) get from (a), and how much do (a) want you on site (not enough to bend their internal politics). Subject to the aforementioned ask (a) if they'll put some pressure on (1b) to capitulate. You'll soon know how much they want you......

  3. #3

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    Quote Originally Posted by TheDandy View Post
    How much business does (1b) get from (a), and how much do (a) want you on site (not enough to bend their internal politics). Subject to the aforementioned ask (a) if they'll put some pressure on (1b) to capitulate. You'll soon know how much they want you......
    (a) is a T1 bank (one of big 5) and (1b) is one of largest recruitment agencies so quite a business across the country including this building and the project itself. (a) wants me since they already bending their internal policies allowing me to come back as (2b) - normally I would not be allowed so top heads had to nod. I can always say to (1b) I am ending the contract full stop and if they find out they have option to sue or not but how likely they would get into this mess for 1 person. I guess they would be suing my ltd.

  4. #4

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    Quote Originally Posted by FreeL View Post
    (a) is a T1 bank (one of big 5) and (1b) is one of largest recruitment agencies so quite a business across the country including this building and the project itself. (a) wants me since they already bending their internal policies allowing me to come back as (2b) - normally I would not be allowed so top heads had to nod. I can always say to (1b) I am ending the contract full stop and if they find out they have option to sue or not but how likely they would get into this mess for 1 person. I guess they would be suing my ltd.
    So why can't (a) have a word with (1b) and ask them to make an exception, or why can't you go through the agent to 2b.

  5. #5

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    Assuming rules won't be bent (which is the angle I would try first), then if you really want to keep the role...

    1. If the consultancy are going to engage you direct (i.e. not via their preferred agency) then continue to use your agency, so client -> consultancy -> agency -> you

    2. Have you asked the agency how much they would want your ltd to pay should you engage directly with the consultancy... you might be able to come to an agreement?

  6. #6

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    Quote Originally Posted by Crossroads View Post
    Assuming rules won't be bent (which is the angle I would try first), then if you really want to keep the role...

    1. If the consultancy are going to engage you direct (i.e. not via their preferred agency) then continue to use your agency, so client -> consultancy -> agency -> you

    2. Have you asked the agency how much they would want your ltd to pay should you engage directly with the consultancy... you might be able to come to an agreement?
    Thanks I was thinking about it and and will try the two. Ideal position is to eliminate the agency who is not doing any work(!) the agent lost all contacts on the programme and wants me to give him new ones. His attitude and lack of professionalism draws people away from him so maybe worth raising this with his management. The sadful truth is that big corporates tend to get cold feet if things are touching legals. Will update this post once I know more.

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