OK that is all good and useful information, thank you.
Further to this, the client's contract stipulates that after 6 months they can hire a contractor without penalty, would the fact that this contradicts my restriction clause make it nullified or are they not related legally?
If I give 1 month's notice now, then wait 8 weeks, I would lose 8 week's income and we would be at my 6 month point anyway so that option isn't really viable.
The agency have repeatedly been paying me 'late'. I submit time sheets and an invoice on a Monday and get paid on Wednesday. Legally speaking they aren't late because they included a 7 day leeway period after invoice, but in reality it makes it very difficult for me not being able to predict when I will be paid, which is a primary motivator for wanting to go direct.
Secondary is the high margin they make on my day rate, which given they did little more than an introduction is not justifiable.
Specific to the restriction clause in my contract would you say it was enforceable based on your experience?
I am looking to get the agency to nullify the clause. They have assured the client verbally that they wouldn't look to enforce it, can you help me with some simple nullification wording, that I could get them to sign?It would be specifically for the restriction clause preventing me from working directly for Aspen once my contract terminated. Specifically I would want the nullification to be worded such that I could serve notice immediately, but not wording it so obvious that this was my intention as this would put them off doing so.
Once I have that we should have gone as far as we can I think.
Awesome, thanks for your help
Quick follow up question. I have another limited company, if I had agreement from the company. Could I serve notice on my current contract and strike up a new contract with my other limited company?
Happy to pay a bit more for further assistance.
So in my contract it is between my main Ltd company and the agency.I then physically work for the healthcare company.
My limitations are pointed at my main Ltd company but I do have another Ltd company that I could use if it would free me from this contract.
I previously sent you a copy of my contract, do you think based on its wording that I could serve notice and then begin working directly and invoice from my other company?
The healthcare company director is on board.
ok it is possible to do so because the specific restriction is against the Contractor as defined in the agreement, that being the specific limited company. SO contracting through a different company, which is a separate legal entity, can avoid that