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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I moved over 9 months ago from Denmark to UK. I was first

Resolved Question:

Hi,
I moved over 9 months ago from Denmark to UK. I was first hired in a permanent position, where the contract said that I couldn´t work for any of the company clients in a period of 6 months after terminating my employment. So after 3 months I decided to go freelance/contract and I was giving the posibility to work for the same company as a contractor. Now 6 months after and I finished working for them 3 weeks ago, I am in doubt if I am allowed to go to any of their clients for work?
The original contract said 6 months, but the contrator contract which was outside IR35 doesn´t mention anything about this. help?
I can send over the contracts if you like?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hi yes if you can attach the contracts that would be great
Customer: replied 1 year ago.
Hi Ben,
Thanks for coming back so quickly. :)
Mezzo CSA is for the contract position.Thanks in advance.Kind regards,
Waqas Rafiq
Expert:  Ben Jones replied 1 year ago.
ok thanks leave it with me, I will look at the documents and get back to you today
Customer: replied 1 year ago.
Sounds good. Thanks. :)
Expert:  Ben Jones replied 1 year ago.
Hello Waqas, the two contract will be treated entirely separately. You were initially employed as a permanent employee and subject to the contract of employment in place. That particular employment terminated (I presume) in August and then you moved over to be a contractor, even though the employer was the same. So once the employment contract terminated in August, that is when the 6 month restriction would have started to count from. The employment as a contractor would have been governed by the new service contract and only the clauses in it would be relevant to the employment commencing 1 September. So even though the employer was the same, the employments would have been different and each would be governed by a separate agreement. So if the contracting position only terminated recently, it would not be subject to the same 6 month post-termination restriction as that only applied to your employment as an employee, which terminated sometime last year. The relevant period for the restriction would be 6 months from the ate of termination of the employee contract. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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