I've been contracting (limited company) through a recruitment agency with a client and have been working on the client's customer's project for the last 9 months or so.
The client terminated my contract and gave me notice, saying they can't support my engagement with them any more, because of reduced cashflow from its customer for the maintenance phase of the project following the completion of main development work.
The interesting part is that the client's customer has an open position (contract) for the maintenance of this same project I've been working on and I know that the client's customer wants me to apply for this.
I can't find anything in my contract not allowing me to get into a contract with my client's customer. The handcuff clause in my contract only mentions my client ie not allowing my LTD or myself to go direct with the client for 6 months. But no mention of the client's customers:
The Consultancy (that's my LTD), shall not and shall procure that the Consultancy Staff (that's me) shall not for a period of 6 months following the termination of the Assignment, supply the services of the Consultancy Staff directly, or through any other person, company or firm, to any Client* for whom it has carried out the Assignment at any time during the previous 6 months [save in the case of supply through a recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment].
* "any Client": That could be interepreted in many ways (e.g. to include the client's customers) but I believe that's just a leftover from the contract template the agency is using, in case there are multiple clients for a single contract. In the contract glossary, only one "Client" is mentioned, the client I've been working with. No mention of the client's customers, directly or conceptually.
Opinions?
Is it possible that the contract between the client and the client's customer has handcuff clauses forbidding the customer to directly engage with Consultancies (me) following the termination of their contract? Even in that case, how could either of them ever demand something like that when my client decided to terminate my contract and the client's customer wants me on the project?
The client terminated my contract and gave me notice, saying they can't support my engagement with them any more, because of reduced cashflow from its customer for the maintenance phase of the project following the completion of main development work.
The interesting part is that the client's customer has an open position (contract) for the maintenance of this same project I've been working on and I know that the client's customer wants me to apply for this.
I can't find anything in my contract not allowing me to get into a contract with my client's customer. The handcuff clause in my contract only mentions my client ie not allowing my LTD or myself to go direct with the client for 6 months. But no mention of the client's customers:
The Consultancy (that's my LTD), shall not and shall procure that the Consultancy Staff (that's me) shall not for a period of 6 months following the termination of the Assignment, supply the services of the Consultancy Staff directly, or through any other person, company or firm, to any Client* for whom it has carried out the Assignment at any time during the previous 6 months [save in the case of supply through a recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment].
* "any Client": That could be interepreted in many ways (e.g. to include the client's customers) but I believe that's just a leftover from the contract template the agency is using, in case there are multiple clients for a single contract. In the contract glossary, only one "Client" is mentioned, the client I've been working with. No mention of the client's customers, directly or conceptually.
Opinions?
Is it possible that the contract between the client and the client's customer has handcuff clauses forbidding the customer to directly engage with Consultancies (me) following the termination of their contract? Even in that case, how could either of them ever demand something like that when my client decided to terminate my contract and the client's customer wants me on the project?
Comment