So clientco has decided it wants all contractors to come through one agency, and this agency have failed to persuade my agent to let them "take over their contracts". So I've been told I'm terminated at the end of the month. I'm expecting said new agency to approach me shortly with a shiny new contract, but of course my existing contract states that I can't work for this client again for the next six months after termination. How enforceable is that in reality? I expect existing agency will, quite rightly, be keeping an eye on what happens next.
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Post-termination clauses enforceable?
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What grounds are the client getting rid of your agency?
In theory the agent can try and sue but if the reason the agency has been dropped due to some contract breach they won't bother."You’re just a bad memory who doesn’t know when to go away" JR -
You'll be fine - your existing agent is no longer in a position to offer you that piece of work. The clause is about demonstrable loss; if they cannot demonstrate that they could have placed you (which they can't if new agent is the only one on the PSL), then you've nothing to worry about. Best to confirm with client directly though, with particular mention to the handcuff clause.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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Originally posted by SueEllen View PostWhat grounds are the client getting rid of your agency?
In theory the agent can try and sue but if the reason the agency has been dropped due to some contract breach they won't bother.Comment
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Originally posted by LondonManc View PostYou'll be fine - your existing agent is no longer in a position to offer you that piece of work. The clause is about demonstrable loss; if they cannot demonstrate that they could have placed you (which they can't if new agent is the only one on the PSL), then you've nothing to worry about. Best to confirm with client directly though, with particular mention to the handcuff clause.Comment
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Originally posted by riffpie View PostAs far as I can tell, it's literally just that they want all contracting done through one agency now. I suspect I may even be the ONLY contractor here through my agency, but I don't really know.
Then it depends on the contract between the agency and the client and the size of each party.
If the agency is small and the client large, or of equal size the agency will be told to feck off.
If other way round the client will drop you out of fear."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by riffpie View PostAh that's an interesting angle, yes. Thanks.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by SueEllen View PostThen it depends on the contract between the agency and the client and the size of each party.
If the agency is small and the client large, or of equal size the agency will be told to feck off.
If other way round the client will drop you out of fear.
Thanks for all the replies, it sounds like there's little to worry about.Comment
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Don't forget that rate uplift negotiation as well. If you were the only.one they had I imagine they will have quite a high margin on you. If they are moving to a single supplier they should be taking less due to scale of quantity. Could work out nice for you.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostDon't forget that rate uplift negotiation as well. If you were the only.one they had I imagine they will have quite a high margin on you. If they are moving to a single supplier they should be taking less due to scale of quantity. Could work out nice for you.Comment
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