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Post Employment Contract Restrictions

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    #11
    Originally posted by WTFH View Post
    Are you direct into the client, or through an agent?
    Hi.

    I am direct to the client.

    Comment


      #12
      Originally posted by jmhsesolutions View Post
      Sorry about the delay in getting back to you

      15 Post Employment Contract Restrictions
      15.1 The Employee shall not, for a period of six months following the termination or expiry of this Agreement be engaged (directly or indirectly or through an agency or business other than the Customer) in the performance of or provision of consultancy services for a Client, or any member of a Client's group of companies, or any customer of a Client for whom the Employee provided Services or was introduced to during the Employment Contract.

      15.2 The Employee will not seek to induce any person to divulge any information relating to the Employer or a Client or to otherwise act in breach of this Agreement.
      15.3 The Employee will not directly or indirectly induce or seek to induce any employees of a Client to leave its employment.

      Thanks for looking.
      I would suggest that the restriction is enforceable. It's limited and only 6 months.
      If you breach it, and are found out (that's important), then you'll likely lose in court, and either have to pay the umbrella for 6 months of their losses, or leave the client with a court order preventing you from working for them for 6 months.

      Note that for the umbrella to find out might be hard for them. And they would need evidence to sue you. Although they don;t need evidence to get a court order to prevent you from working for the client.

      IMO - just work out the contract and go LTD. later. The fact that you didn't realise you could setup a LTD in a day or two suggests that you're maybe not ready for it anyway.
      And £20/ day isn't bad for an agency fee. And you'll get pension, holiday, sick pay etc.
      See You Next Tuesday

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