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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50191
Experience:  Qualified Solicitor
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I am working for a consultancy for a financial client for

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Hi,I am working for a consultancy for a financial client for the second time this year. I started with the client on a project in Dec 16 and finished 28th April. The contract was as such that you had an Annex with the details to the pre-print of the general agreement. The Annex stated an end ate of 28th April and I left until the 31st July to start again with the same client through the same consultancy but they only sent me an Annex and not a new new agreement.
The client has cancelled their agreement with the consultancy by beginning of Jan and I have terminated by end of Dec 17 (the client terminated the consultancy agreement as they are too expensive). But they have asked me to come back directly. My agreement with the consultancy states 3 months period of not being able to work for the same client but I am questioning whether my agreement with the consultancy is actually still valid as it ended 28th April and no new general agreement was provided other then an Annex.Many thanks
Tanja

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Have you contacted the consultancy at all regarding this? If so, what was the outcome?

Customer: replied 4 months ago.
Hi Ben,
Not contacted any other service so far, the issue only popped up
yesterday.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. I must advise you from the start that there is no definitive right or wrong answer here. Both options are possible - that the agreement had ended and was no longer applicable and that it had carried over to the new assignment. I have seen similar scenarios end in both possible outcomes.

There are arguments for both to be honest. What may not necessarily help you is the fact that this was the same client, through the same consultancy, doing the same work. Unless there was a practice of agreeing entirely separate/different contracts each time someone was placed there, the chances are that the same agreement would have been used, therefore implying that it was carried over this time.

On the other hand, you can also argue that you simply do not have anything in writing to prevent you from moving there and that the only document that you have dealing with this was for a previous assignment, which has now ended.

What is certain is that the consultancy can challenge you in court over this, if they really wanted to. In the end it would be for the court to decide whether they have a valid claim or not and this will always be fact-specific based on the individual circumstances. There is no way to avoid this. I would hope that the consultancy would actually not go as far as court, and they will only ask you or threaten you not to do this, but without ever claiming. You could consider taking the risk, but if it looks like they are going to claim, you can reconsider your position and perhaps decide to delay the work just to be on the safe side.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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