12 month post contract exclusion clause

[pzz76077]

My contract is about to expire after 2 years and although I have been given the oppertunity to renew for another year, I dont want to renew but contract to my end client direct and cut out the middle man.

The only issue that I have is that in my present contract I have a clause that prevents me working for the end client for 12 months after my contrat expires.

Does anyone have a view on if this clause is enforcable or not??


Thanks in advance

[Bluebird]

did you sign the contract ?

[Back In Business]

I'm in the same position (approximately) - your only professional choice is a buy-out agreement between the client and the agency. There are quite a few other options though . . .

[Lockhouse]

Does anyone have a view on if this clause is enforcable or not??

Generally yes it is - if you signed the contract. If you didn't like the terms you shouldn't have signed in the first place.

[oraclesmith]

See my post on EB regs and not opting out.

IF you didn't opt out of the EB regs before you were introduced to the client, then you are protected by the EB regs which you can get hold of on the DTI or OPSI sites. Regulation 6 specifically prohibits EB's from putting in this kind of restriction. It means the clause is not enforceable and could put into question the legality of the whole contract, which by law must have reasonable terms. What might be enforceable is charges to the client, which is covered under reg 10 - there has to be a two month gap in service and even then the charges to the client have to be reasonable.

IF you did opt out, then you're on your own.

In my opinion. Read the regs for yourself.