I may have the option to do some work for a previous client's client in the future so, obviously, I dug out the contract to check what the restrictive period was for working for their clients. The non-solicitation clause is as follows:
(a) During the term of this Agreement, and for a period of twelve (12) months thereafter, the Consultant agrees not and to procure that the Personnel agree not to solicit or induce any employee of the Company, -------- or any of ----------’s subsidiaries, to terminate his or her employment with the Company or any Group Company (including, without limitation, --------- or any of ---------’s subsidiaries), and not to hire any employee of the Company or any Group Company (including without limitation, -------- or any of ---------’s subsidiaries), without the prior written approval of the Company.
(b) Nothing in this Agreement shall prevent the Consultant or the Personnel from being engaged, concerned or having any financial interest in any other business, trade, profession or occupation during the term of the relevant schedule A provided that:
(i) such activity does not cause a breach of any of the Consultant’s and/or the Personnel’s obligations under this Agreement; and
(ii) the Consultant shall not and shall procure that the Personnel shall not, without the Company’s prior written consent, engage in any activity that would place Consultant in a conflict of interest with the Company, and shall immediately disclose in writing to the Company the identity of any competitor of ---------- for which Consultant and/or the Personnel agree to do any work, whether as an independent contractor or otherwise or agrees that its employees, independent contractors or agents do any work.
Now, as I understand that, it means I agree not to poach any of clientco's staff or persuade them to leave for a period of 12 months, and that during the term of the schedule (ie the duration of the contract) I agree to inform them of any conflict of interest or competitor I may also be doing any work for.
So where does that leave me with working for one of their clients? I can't see anything there which prevents me taking a contract with their client after this contract has ended. It might be worth pointing out this was a direct gig so this is clientco's contract, not a recruitment agency contract.
Any thoughts?
Thanks
(a) During the term of this Agreement, and for a period of twelve (12) months thereafter, the Consultant agrees not and to procure that the Personnel agree not to solicit or induce any employee of the Company, -------- or any of ----------’s subsidiaries, to terminate his or her employment with the Company or any Group Company (including, without limitation, --------- or any of ---------’s subsidiaries), and not to hire any employee of the Company or any Group Company (including without limitation, -------- or any of ---------’s subsidiaries), without the prior written approval of the Company.
(b) Nothing in this Agreement shall prevent the Consultant or the Personnel from being engaged, concerned or having any financial interest in any other business, trade, profession or occupation during the term of the relevant schedule A provided that:
(i) such activity does not cause a breach of any of the Consultant’s and/or the Personnel’s obligations under this Agreement; and
(ii) the Consultant shall not and shall procure that the Personnel shall not, without the Company’s prior written consent, engage in any activity that would place Consultant in a conflict of interest with the Company, and shall immediately disclose in writing to the Company the identity of any competitor of ---------- for which Consultant and/or the Personnel agree to do any work, whether as an independent contractor or otherwise or agrees that its employees, independent contractors or agents do any work.
Now, as I understand that, it means I agree not to poach any of clientco's staff or persuade them to leave for a period of 12 months, and that during the term of the schedule (ie the duration of the contract) I agree to inform them of any conflict of interest or competitor I may also be doing any work for.
So where does that leave me with working for one of their clients? I can't see anything there which prevents me taking a contract with their client after this contract has ended. It might be worth pointing out this was a direct gig so this is clientco's contract, not a recruitment agency contract.
Any thoughts?
Thanks
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