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Recruitment consultants / contractors - come and advise please please please!!!

(7 Posts)
princelypurpleparrot Mon 24-Sep-12 20:51:41

DH is a contractor. He worked at a company until 9mo ago when the work ran out. This company now has more work and they want him back, and he really wants to go back (he hasn't worked since dec sad but we don't claim anything).

His old agency are no longer used by the company. He's realised he had a clause in his contract with that agency that says that he can't work for the same company for 12m after leaving.

He wants and more importantly needs this work, there is bugger all else out there. He's going to call the old agency and explain the situation. But I'm (and he, of course) are really worried about what they are going to say / expect him to pay.

He's done some Googling and it seems it's a grey area. 12m may not be "reasonable". Clearly he hasn't done it this way to shaft the agency, it's just the way it is. And 9m seems like a long enough time to us, but then of course we'd think that.

He'll be going back to the same sort of role.

So, can anyone give me a heads up about what the likely outcome is? The company have said he has no choice but to go through the agency they are using presently (they are a large multinational so there's no budging on this. They've basically said it's up to him to sort it out, as they don't have any contracts with DH's agency).

I'm off out soon but will check back once I come home.

Thanks in advance smile.

princelypurpleparrot Tue 25-Sep-12 00:09:02

Bump????

princelypurpleparrot Tue 25-Sep-12 10:01:11

bump again?

Alibabaandthe40nappies Tue 25-Sep-12 10:08:48

Do you have insurance through the PCG or anything? They have a legal helpline that you could call.

DH is a contractor and we have our liability insurance etc through them, they are great.
Or does your accountant have a tie up with a legal firm?

Anyway - I wouldn't worry about the previous contract. Those clauses are designed to prevent someone doing a short contract (3-6 months) with a company through an agency and then immediately renewing for a year directly with the company itself so that the agent is cut out. I wouldn't even bother calling the old agency - if there are no longer dealing with that client then it is irrelevant IMO, how would they even know that your DH is working there again?

Just get him to phone the company back and say 'when can I start'!

Good luck.

Lavenderhoney Tue 25-Sep-12 10:09:00

I don't think a company can stop someone making a living. Can you ask the new agency? If you tell them he has been asked to go through them for a specific role and was there 9 months ago with another agency who did have the contract before them and what is their policy. Its to protect the agency from the company hiring him and them missing out on a fee. They might have to share their commission fee. Has the other agency gone bust? There must be others in this predicament. He could take the role and assume that the other agency will sort it out with the new one if/ when they find out. I would worry about that when he has the job for definite. After all, it's not his fault they lost the contract.

Sure someone more knowledgeable will help, Or ask citizens advice.

Alibabaandthe40nappies Tue 25-Sep-12 10:10:13

Oh - and if he has been benched for 9 months then he needs to think about retraining or updating his skills - or looking for something permanent.

Really hope it works out for you.

princelypurpleparrot Tue 25-Sep-12 20:03:41

Thanks all. We've sorted it all now, after a good chat with a lawyer friend of DH's.

Alibaba he has done some re-training already as his area of expertise is going out of favour, He's changing direction, albeit very slowly! smile

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