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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61658
Experience:  Qualified Solicitor
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Based on the below, can I leave my recruiter and still

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Hi,
JA: Hello. How can I help?
Customer: based on the below, can I leave my recruiter and still consult at the same firm? 13. RESTRICTIONThe Consultancy shall not and shall procure that the Consultancy Staff shall not for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months save in the case of supply through an Employment Business or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No. I am a consultant. looking to work at the same firm but with a different recruiter as a middle man
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: contractor / consultant
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have not yet started the assignment

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Have you pasted all the relevant clauses?

Customer: replied 3 days ago.
No.. the contract is 20 pages long!
Customer: replied 3 days ago.
I will paste more now
Customer: replied 3 days ago.
I have uploaded the document. let me know when you have received it

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 3 days ago.
Much appreciated Ben. I look forward to your response

Many thanks for your patience. The clause in question would indeed restrict you from seeking work with an existing client for at least 6 months after you leave the recruiter. This is on the assumption that you are not going to provide these services through another agency with which you were registered at the time this current assignment had started. So if you were already registered with the agency which you want to use to consult for that client AND you were registered with them at the time this assignment started, then you can do it. If that odes not apply, then the clause will restrict you from doing so and you will be ignoring it at your own risk.

 

Does this answer your query?

Customer: replied 2 days ago.
An exceptionally comprehensive answer Ben. Thank you, your help was/is appreciated. I think I will be using this service again in the future.
Customer: replied 2 days ago.
Out of curiosity, do you know if just answer can be used to read UK based contracts to see if they truly do fall outside IR35?

Hi what you need in relation to the IR35 may be more involved than what we can offer but you can always try and you do not have to accept an answer if it is not satisfactory in answering your query.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 days ago.
Again, thank you Ben.

Most welcome