Working for Customer of Former Employer

[Lauren]

Query for a friend.

Friend worked for a consulting firm for about a year on and off with a particular client. Last actual contract signed is over a year ago (even though additional contracts on the same terms were undertaken and completed without a written contract). The original written contract states that friend cannot work for clients of the consulting firm for a year after finishing with them. Friend has now been offered a contract working directly for the client. What is the legal position?

 

[Purple]

Query for a friend.

Friend worked for a consulting firm for about a year on and off with a particular client. Last actual contract signed is over a year ago (even though additional contracts on the same terms were undertaken and completed without a written contract). The original written contract states that friend cannot work for clients of the consulting firm for a year after finishing with them. Friend has now been offered a contract working directly for the client. What is the legal position?

What's the period since they have done any work with their former employer?

If the new employer is still a customer of the consulting firm and they say that they want this person the consulting firm are hardly going to make an issue of it.

 

[Lauren]

Thanks for replying Purple. Last stint with the firm was June 2010 after which the consulting firm had no further work for him.

 

[Purple]

Thanks for replying Purple. Last stint with the firm was June 2010 after which the consulting firm had no further work for him.

Then the new employer is no longer a client and hasn't been for over a year.

 

[paddyc]

The original written contract states that friend cannot work for clients of the consulting firm for a year after finishing with them. Friend has now been offered a contract working directly for the client. What is the legal position?

Is this actually enforceible ? As your friend is no longer in employment with the company, surely that means their contract has ended along with the terms and conditions which were included in the contract.

 

[Lauren]

But the new employer is still a client of the consulting firm and wants to take my friend on.
I guess the question is, do the terms of the original written contract apply to the period of time where no written contract was in place given that the verbal agreement was to continue on as before?