are restrictive contract clauses enforceable?
Dear Contractor Doctor, Having secured a contract, the agency I am dealing with has inserted a clause in my contract that stipulates that upon finishing the contract, I can only, for a period of 12 months after my contract, go back to the end-client through them. This clause covers all sites and all subsidiaries. I myself feel that this is unreasonable and want to delete the clause. What do most contractors do? Thanks A Contractor from London. Contractor Doctor says: The clause you refer to is called a “restrictive covenant,” and is often inserted by agencies into their agreements with contractors to prevent them from working directly for a company (and effectively cutting out the agency, or, the middleman). This is called a “non-dealing” covenant. You won’t be able to delete it from your contract, because the agency wants to keep its position as supplier of contractors to the company. But you may well be able to negotiate a solution with the agency, and if not, the clause will only be