Going direct with client - Restrictions Clause by Agent

[londumpster]

Hello,

I have been with this agency for the past year.. Have been very bad with thier payments and communication . They have been alright for the past month. But dont want to go thru the pain again.

To avoid all the hassle, I have decided to go direct and my client is happy for me to do so. My contract ends at end of this month and client will not renew the contract to the agency.

But there is a restrictions clause in my contract which says

""The contractor shall not supply services directly or through any other person, firm or company,to any client for which it has carried out assignments either during the assignment or for a period of six months[save in the case of supply through an employment agency or recruitment consultancy with whom the Contractor was also registered at the date of commencement of the last assignment]""

How do I go about doing it. Should I be worried about it.

Many thanks

[sweetandsour]

I wouldn't worry about it, it's only a contract.

Some of the olds have this quaint idea that contracts are binding but what do they know.

What's the worst that can happen?

[GCR99]

Just keep quiet you'll be fine. By the time they notice you'll be long gone.

[stevo kane]

Just keep quiet you'll be fine. By the time they notice you'll be long gone.

If the company you will work for doesn t mind i wouldn't worry about it. It is restriction of free trade anyway. you are no longer under contract so you can work where you want.

[northernladuk]

The contract is only as good as the lawyer/solicitor that has been hired to sue you for breach at the end of the day.........

Up until that point its a bit of paper.

Just a thought as well..

Have been very bad with thier payments and communication

Isn't there something in your contract about paying you in a certain timescale. Sounds like they didn't hold up their end of the bargain either so wouldn't worry.

[FarmerPalmer]

I have been with this agency for the past year.. Have been very bad with thier payments and communication .

Are the payment terms written into the contract?
and if so, did the agent breach them?

if YES then you have a "material breach of contract" and the contract is null and void.

I am in that position with my agent

[pin00ch]

Just go for it.
The agent wont find out and if they did, why would they bother?
I did this and mas happier since it was easier to get payment directly through the client.

[Hex]

Are the payment terms written into the contract?
and if so, did the agent breach them?

if YES then you have a "material breach of contract" and the contract is null and void.

I am in that position with my agent

Are you sure this is a material breach? I have read opinion on other sites that have indicated that breach of payment terms is probably NOT a material breach. It might be worth seeking professional opinion on this before relying on it.

[SueEllen]

Are you sure this is a material breach? I have read opinion on other sites that have indicated that breach of payment terms is probably NOT a material breach. It might be worth seeking professional opinion on this before relying on it.

The advice I've been given from a solicitor who deals with contracts, is that you need to notify the other party every time there is a breach of contract - preferably in writing so you have proof.

So if you then eventually turn around , say this is the final straw and it's a material breach of contract you have enough evidence to back you up.

This may not deter the other party for threatening court action, hiring a solicitor to write you nasty letters or starting court action against your company but would help you tell them where to go.

[NotAllThere]

When they didn't pay you on time - did you inform them, in anyway, of their failure? Do you have records.

In the contract - WHO is the contractor - you or your company? If the latter then there is no problem - set up a new company.

Only issue will then be the contract that the client had with the agency.

I hope you win. But you'll only do so, if you buck your ideas up a bit and start paying attention to CONTRACT LAW