I am new to contracting and signed up with an Umbrella (Paystream) 8 weeks ago. I want to switch to Ltd but the Paystreaam contract has a Post Employment Contract Restriction that seems to say I can't leave Paystream and continue working for my client. In other words I can't swtich to my own Ltd. Is this right?
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Post Employment Contract Restrictions
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Post Employment Contract Restrictions
Originally posted by jmhsesolutions View PostI am new to contracting and signed up with an Umbrella (Paystream) 8 weeks ago. I want to switch to Ltd but the Paystreaam contract has a Post Employment Contract Restriction that seems to say I can't leave Paystream and continue working for my client. In other words I can't swtich to my own Ltd. Is this right?
These things (restrictive covenants) are frequently referred to as “handcuff clauses” and may apply for 6 months or so. Normally you see them with agents - which is about them protecting their business, but it could happen with umbrellas too.
8 weeks in is a vary short time frame to change your mind. What’s your reason for wanting to change?…Maybe we ain’t that young anymore -
Originally posted by WTFH View PostIt possibly is right. Without seeing your contract it’s hard to say.
These things (restrictive covenants) are frequently referred to as “handcuff clauses” and may apply for 6 months or so. Normally you see them with agents - which is about them protecting their business, but it could happen with umbrellas too.
8 weeks in is a vary short time frame to change your mind. What’s your reason for wanting to change?
New to contracting, had a job offer which I needed to take. Umbrella was quickest/easiest solution to getting the job. Then switched to a new client using same Umbrella. Now I have a bit of certainty of work I want to go Ltd. Possibly can't though. Will seek legal advice on this.
Not much traffic on the message boards so assumed this was not a contentious issue.Comment
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Originally posted by jmhsesolutions View PostThanks.
New to contracting, had a job offer which I needed to take. Umbrella was quickest/easiest solution to getting the job. Then switched to a new client using same Umbrella. Now I have a bit of certainty of work I want to go Ltd. Possibly can't though. Will seek legal advice on this.
Not much traffic on the message boards so assumed this was not a contentious issue.
Can I check - you’ve been contracting for 8 weeks and are on your second client already? What happened to the first one?…Maybe we ain’t that young anymoreComment
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Originally posted by WTFH View PostYou are probably best to see out this contract through the umbrella then go Ltd when you get your next one, with a new client.
Can I check - you’ve been contracting for 8 weeks and are on your second client already? What happened to the first one?Comment
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Originally posted by northernladuk View PostWhat does the clause say exactly?
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.Comment
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So.. Is this in a contract between you and Paystream in regards to PAYE services or is this in the contract between you and the agent/client.
I think you are getting mixed up the parties the handcuff applies to.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostSo.. Is this in a contract between you and Paystream in regards to PAYE services or is this in the contract between you and the agent/client.
I think you are getting mixed up the parties the handcuff applies to.
I have a Contract with Paystream. I invoice my client via Paystream but have no contract signed with my client. Paystream sort out the deductions etc and i pay them £2o/week for doing this.Comment
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Originally posted by jmhsesolutions View PostI have a Contract with Paystream. I invoice my client via Paystream but have no contract signed with my client. Paystream sort out the deductions etc and i pay them £2o/week for doing this.…Maybe we ain’t that young anymoreComment
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