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taratill, Solicitor
Category: Employment Law
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Experience:  15 years experience of advising on employment law matters
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I am an IT Consultant currently under contract with a recruitment

Resolved Question:

I am an IT Consultant currently under contract with a recruitment consultancy called Radley James. My services are hired out by Radley James to their end client (Pirean), who in turn have tasked me with working on one of their customer sites (BP).
My current contract with Radley James comes to an end on 26 December 2014. An opportunity has been discussed with me regarding my contracting via another recruitment consultancy with BP, potentially starting in January 2015.
My only concern is that there is a restriction clause in my contract (Clause 13 -copy can be provided), however, I find the wording of this confusing as it refers to not providing my services to any client for a period of 12 months following completion of my contract, yet the contract schedule only refers to Pirean as the client.
If I was to provide consultancy services to BP via another recruitment agency, would I be in breach of my existing contract?
Regards
***** *****
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Please can I see the wording of the restriction you refer to?

Customer:

Hello Jenny,

Customer:

thank you for your prompt response

Customer:

Restriction wording as follows

Full Size Image

taratill :

Hi Tony for some reason when I click on that image it gives me a blank page. Please can you try again?

Customer:

Sorry Jenny, I have tried to cut and paste the relevant section from a PDF document with no luck. I have also tried to upload the entire document, again with no luck. Can I send the document via email that would be easier? Thanks Tony

taratill :

Tony the only way is if I offer an additional service as I can't give my email online on the public website so I will make an offer and if you accept it I will be able to send you my email address.

Expert:  taratill replied 2 years ago.
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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
Hi sending you the details
Customer: replied 2 years ago.
Customer: replied 2 years ago.

Hi Jenny, email sent with attached contract document....

Expert:  taratill replied 2 years ago.
Hi can I be clear that you would not be providing any services to Pirean or via pirean to BP and that you would contract with BP directly?
Customer: replied 2 years ago.

I would not be providing any services to Pirean post end of my contract (26 Dec 2014). The potential new contract would be via another agency with BP being the direct end client.

Expert:  taratill replied 2 years ago.
Hi the way that the contract is drafted you would not be in breach of the restrictive covenant if you do this as the only 'organisation' you are prevented from working for is Pirean.
I suspect that this is bad drafting on their part and they may try to say that this applies. It would not be enforced in court though even if they suggest it would as there is ample case law to say that narrow interpretation should be given in these circumstances.
All the best with your future employment !
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you

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