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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am registered as a Limited Company and as such work for

Resolved Question:

I am registered as a Limited Company and as such work self and have done 7 years. I have been working agency past 6 months until 21 December 2014. Since that time I have only been asked to complete 2 shifts , which I have done. The last being Monday 19 January 2015.
I have since found another agency that can offer me work, again as a self employed Ltd Company but they are telling me they are unable to take me on as it will be at the same location as the first agency and, that this will be the case 3 month period ?
Is this right as I the first agency are preventing me from earning a living. It appears that there is work available at the site in question, as the second agency are recruiting site, hours and days that I have requested with the original agency.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

my name is ***** ***** I am happy to help you today. Are they referring to the wording in a restrictive covenant in an agreement between you and the first company? If so do you have the wording?

Customer:

To my knowledge I am not aware of any such covenant that I could have signed. I am also not aware of being in any restrictive agreement that prohibits me from working other client/agency. Many of there drivers at the location register with one or more agency's and split there time to suit there own circumstances.

taratill :

So is it the new company who are preventing you from joining them not the old?

Customer:

The new company say they are being restricted from drivers registering with them period of 3 months if they have worked with the old company at the location. So it is the old company that are preventing any drivers registered with them from joining the new company

taratill :

I am about to go into a meeting can I please respond to this in full later this evening?

Customer:

this question has not been answered . .

taratill :

I am sorry delay I got held up on something last night. The difficulty is that the issue appears to be between the 2 agencies rather than an issue in your contract preventing you from working. If it was a restrictive covenant in your contract with the first agency then you may have an argument that this is in restraint of trade and if you say you are prepared to take the consequences of this then the other agency probably would not object.

taratill :

If this issue is due to an agreement between both agencies then there is, unfortunately, very little you can do about it as you will not be a party to the agreement that is causing the problem.

taratill :

I would suggest you ask the second Agency to confirm on what basis they say you are not allowed to work months as you do not seem to be subject to any restrictions and that you know that others are working .

taratill :

Ultimately you will not be able to force the agency to allow you onto its books. The only legal claim would be if the reason is discriminatory contrary to the Equality Act 2010, i.e. on the basis of your age, race, religion, disability, sex or sexual orientation which does not seem to be the case here.

taratill :

If you have any further questions please do let me know.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thanks reply. . . I will be honest and say its not what I was hoping to hear but you can't always get what you want in life. It would seem, as you say, that there may an unwritten rule between agency's that they don't take on one another's staff. It still doesn't help many many workers who appear to be caught in between. Fortunately , I have already gone elsewhere so they have both lost out. Thanks again

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