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Non-Solicitation Issue
Hi all,

New to these forums.

I've done a fair bit of searching online and through the CUK forums however the issue surrounding non-solicitation clauses tends to differ case by case due to individual circumstance. Therefore I thought it'd be best to just ask!

I'll aim to keep this as brief as possible:

I've been employed by 'Company X' for approx. 2 years, working on secondment for 'Client Y' for just over 1 year now. The project I'm working on (alongside a number of self-employed contractors) is due for renewal shortly ahead of 2016. Client Y has informed me however that they're unlikely to request the services of Company X for the remainder of the project, heading into 2016 and beyond (additional note: the PO between Company X and Client Y expires 31 Dec 2015). 

However, Client Y has discussed the possibility of requesting my services as a self-employed contractor, much in the same way my other colleagues working on the project operate for Client Y. 

Now I'm fully aware of the non-solicitation clause in my contract (usual generic non-solicitation clause content with a 12 month period included), however I'm also aware that these clauses, as mentioned earlier, are judged on a case by case basis. Since Client Y is not set to request the services of Company X in 2016 am I therefore right in thinking that this would negate any enforcement of the non-solicitation should I proceed as a self-employed contractor into 2016? 

Any information on this particular query would be greatly appreciated.


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