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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11753
Experience:  30 years experience as a solicitor.
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I am a contractor working group limited . I

Resolved Question:

I am a contractor working for Vodafone group limited . I usually sing 3 months contracts. last Friday 28th August. my contract ran out. I have been asked to sign a renewal. (as yet unsigned) I have been offered a permanent job role with a different completely business group within Vodafone that I would like to accept. Note: my agency say that because it is still Vodafone the clause that says I cannot work for client company is enforceable and they will take legal action unless I sign their contract which starts on the 29th August and runs until December the 24th. also, note that the contract has no resignation clause and only states that if leave early I would be liable to pay damages for the shortfall. Where do I stand legally? ...I would like to take the permanent role but my limited company is being  threatened with legal action ? can I close it and not be bound by this clause? is even what my agency doing legal ?

completely

Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
Thank you for your question. Could you send the clause to***@******.*** and ask that they forward it to JGM and I will look at this for you.
Customer: replied 2 years ago.

Have you received the contract you asked me to send in ?

Expert:  JGM replied 2 years ago.
No,not yet.
Customer: replied 2 years ago.

Do you have an email address i can send it too ?

Expert:  JGM replied 2 years ago.
I now have the contract. The client is defined a particular limited company: Line C of the preamble. Clause 8 prohibits doing work (outwith the agency) for the client or any person on whose site you have worked for a period of six months following termination.
You want to take on employment with a different company? What is their argument about this?
Customer: replied 2 years ago.

They say that because the it is still Vodafone. They will take my limited company to court. I have had no dealing whatsoever with new Vodafone business as it is secure defence contracts. it is not in the same location. The different company is a move from Vodafone group limited to Vodafone UK Limited. different companies with different registrations.

Expert:  JGM replied 2 years ago.
That doesn't matter. The contract is specific in prohibiting you from working for the company named in the contract or a person on whose site you worked.
If neither apply they can't stop you taking the job. in addition, if you are taking on the job as an employee, and not via your company, they can't stop you as your contract is actually your company's contract and you are a different persona from that of the company.
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