Hi all,
Hoping for some advice from the experts on here. I have done plenty of searching on the forums, but could do with some input from those who may be closer to this, or have been in a similar situation.
Situation is that my current contract ended in February, as end client made the decision no more PSCs. They also ended the contract with the Agency I was supplied through around the same time. I've been on the bench since then, but end client has approached me directly to come and work for them perm. Given current situation, I'm happy to do this. Issue arises with the non-solicitation clause in my contract, and the standard 'for the duration of this agreement and 12 months afterwards...' part, although no mention of any specific terms or details for breaches of this bit. The Agency are aware and are insisting on payment to release me from this clause. Payment in this case of around 30-40% of annual salary for this role.
From my reading, my understanding was that as the Agency no longer have a financial interest, they can't argue they are suffering a financial loss, so can therefore whistle for payment?
I might have picked this bit up wrongly, so apologies in advance, but would like to know where I stand.
Many thanks
Hoping for some advice from the experts on here. I have done plenty of searching on the forums, but could do with some input from those who may be closer to this, or have been in a similar situation.
Situation is that my current contract ended in February, as end client made the decision no more PSCs. They also ended the contract with the Agency I was supplied through around the same time. I've been on the bench since then, but end client has approached me directly to come and work for them perm. Given current situation, I'm happy to do this. Issue arises with the non-solicitation clause in my contract, and the standard 'for the duration of this agreement and 12 months afterwards...' part, although no mention of any specific terms or details for breaches of this bit. The Agency are aware and are insisting on payment to release me from this clause. Payment in this case of around 30-40% of annual salary for this role.
From my reading, my understanding was that as the Agency no longer have a financial interest, they can't argue they are suffering a financial loss, so can therefore whistle for payment?
I might have picked this bit up wrongly, so apologies in advance, but would like to know where I stand.
Many thanks
Comment