Going Direct

[BooBoo]

Hey All, Obviously I've read quite a few similar threads, but I guess its in the wording and circumstances, where there can be big differences, so just after a bit of advice.

I have this in a contract;

"The Company and the Contractor will not either during the Project Period or thereafter for a period equivalent to
the period of supply under these terms of engagement (but not less than three months nor more than 12
months) either directly or not directly (whether under a contract of service or a contract for service or through any
third party) provide the Services provided (or substantially the same as those services provided) under these terms of
engagement to the Client"

The 'Project Period' referred to is noted at the start of the contract, which actually the end date of was over 6 months ago, despite continuing to work and submit time sheets weekly through agency. (There is no 'Automatically rolling over' terms or similar in the contract)

Does that mean I could technically go direct now?

Thanks for reading

[northernladuk]

Does the client take on direct?

[BooBoo]

Does the client take on direct?

Sorry, yep, we have already discussed it as a possibility for a new long term project

[TykeMerc]

Does the client take on direct?

Very relevant and important point.

A lot of clients simply can't be bothered with sourcing and paying contractors direct which is where the agents add value.

[DirtyDog]

The 'Project Period' referred to is noted at the start of the contract, which actually the end date of was over 6 months ago, despite continuing to work and submit time sheets weekly through agency. (There is no 'Automatically rolling over' terms or similar in the contract)

So, the period defined by the contract as "Project Period" ended 6 months ago, but you've still stayed there and kept billing under the same contract.

How long were you there before the Project Period ended? The contract says that you need to leave it that long anyway after the end.

The argument would come down to whether the Project Period has been extended to cover the work that you did. If it didn't, then you may be able to argue that you could go direct since no-one ever extended the Project Period to cover the contract extensions.

You'd also need to look at the contract between Client and Agency - I'd guess that there is nothing as specific as a Project Period defined in there, which may prevent them from taking you on direct.