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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11431
Experience:  30 years experience as a solicitor.
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I am an IT Consultant operating through my own Ltd Company.

Resolved Question:

I am an IT Consultant operating through my own Ltd Company. At present my services are contractually supplied by a recruitment agency to their end client. The client who I provide my services to, has placed me on one of their client sites and I operate from their. My current contract is due to finish on the 24th December 2014, however, the site that I am operating on has approached me to see if I would be prepared to stay on but directly with then and not via the current agency I am with.
I would like someone qualified in employment law to review my contract (copy can be supplied) and advise if I am able to do this.
Thanks
***** *****
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
I am a solicitor in the UK. I can help you with this if you let me see the contract. For reasons of confidentiality you should email this to***@******.*** and ask them to forward it to JGM.
Expert:  JGM replied 2 years ago.
Thanks for sending the contract which I've read over for you. Clause 13 imposes a 12 month restriction on you working directly for the client. This is called a restrictive covenant and is probably reasonable and enforceable in the circumstances.
The way round this is normally to seek a waiver from the employment company by negotiating a one off lump sum fee to them to offset their loss of profit over a 12 month period.
I hope that this helps.
JGM and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi JGM, thanks for coming back to me. Just to clarify, I will not be working directly for the client, but a customer of the client. Is the outcome still the same? Regards ***** *****

Expert:  JGM replied 2 years ago.
That is for clarifying that. If you won't be working for the Client, then you are free to take up the appointment.