Contract Question

gerryR

Hi All

I'm currently working on contract through a recruiter. The contract is coming near an end and is up for renewal. I recently got a call from another recruiter saying if they got the contract they'd be happy to keep me on and would I join them.

There's a clause in my current contract saying I cannot work for the company I'm with either directly or through another recruiter for a period of 6 months after the current contract expires.

I signed the contract, I was aware of the clause and have no problem adhering to it but I am wondering in general is that a common stipulation and more importantly do recruiters enforce the clause given that if they lose the contract are they bothered what the recruit does?

Appreciate any advice, like I say I'm not looking to break my contract but if the new recruiter does get the job and it's a rule that's never really enforced I'd rather not turn down the offer of work.

Many thanks
gR

CIARAN_BOYLE

What type of job is it? It may be restraint of trade and thus an invalid clause that you can safely ignore.

Regarding your specific question I'm afraid I don't know the answer as to how often its enforced. I know one person who worked through a recruiter with that clause and was hired directly by the company after his contract ended and no enforcment but I don't know about the general case.

Victor

gerryR wrote: »

I'm currently working on contract through a recruiter.

A recruiter or an employment agency (they may actually be both)?

Transfer of Undertakings regulations may kick in.

gerryR wrote: »

There's a clause in my current contract saying I cannot work for the company I'm with either directly or through another recruiter for a period of 6 months after the current contract expires.

That is slightly novel. Imagine Catering Company A have a contract for the canteen in an office building. Catering Company B then win the contract. It just so happens that a chef goes to work from company A to company B. It would be somewhat outrageous for the chef to be prevented from working in that office building.

I wonder would a court take a different opinion between someone with a generic skill (catering chef*) and a personality-type mater chef.

gerryR

Hi

I'm not sure if they're a recruiter or an employment agency, I do know they get payment every week (i.e. employer pays them, they take a cut and then pay me). Not sure if that helps? The field is IT support.

Thanks
gR

Victor

Then they are an employment agency, you should be able to confirm this by talking to the Department of Jobs

gerryR

Would them being an employment agency rather than a recruiter make a difference to my origional query? I'm just not sure how it works.

Many thanks