Hi,
I got the contract 8 weeks ago with my current client via a recruitment agency. Basically the hiring manager bypassed the Company's HR department (I think they needed people quick and HR can be slow to process) and called on this particular agency to find him contractors. I received the call from the agent asking if I would be interested, terms were agreed and the contract signed. The contract states that the Conduct Regulations will not apply to this particular contract but the agent persisted in asking me to sign the separate 'Opt out' form. He even stated in writing for me to sign this and leave the date off so it could be backdated to before I was introduced to the client. The usual restrictive covenants of I cannot work for the client for 12 months after the contract is terminated are written in.
Shortly after starting the contract the hiring manager called to ask if I could bin the agency as the markup was ludicrously high. Basically the agency, who was on the client's preferred supplier list, had abused the markup that had been agreed between the client's HR department. As a consequence the contract between the client and agency was cancelled immediately by the client's HR department and they were kicked off the PSL.
However my contract between my Limited Company and agency is still in place and the client's HR department have agreed to honour the payment terms for the remainder of the 6 month contract. They have informed me that when the contract comes to an end I can then work direct with the client and no restrictive covenants will apply as the agency are longer be on the PSL.
Now, I have NOT opted out of the Conduct Regulations although the contract does say that they won't apply.
What are my options here?
As I have NOT opted out what does that mean for me? I have read Regulation 10 stating that you can leave 14 weeks after the start of the contract or 8 weeks after the contract ends (whichever is later). Does this mean that I would be free to walk away after 6 weeks (as a minimum) of working for the client, have a break of 8 weeks, and then I can go back to work direct? Alternatively could I work the 6 month contract, have the 8 week break and then go direct?
As the contract between the agency and client has been cancelled does that not have some bearing and strengthen my case in any way? Can I simply walk away now?
If I decide to stay on for the remainder of the contract could I work direct for the client without a break of 8 weeks as their HR department have advised (as they are no longer on their PSL). Would there be any negative/financial impact on me from the agency?
My contract also says that if the agency to client contract is cancelled the agency can terminate me. Now seeing as it has been cancelled does the same not apply to me i.e. can I not cancel the contract in the same manner? Surely if the agency has that right then so do I?
Any suggestions are greatly appreciated.
ATB.
I got the contract 8 weeks ago with my current client via a recruitment agency. Basically the hiring manager bypassed the Company's HR department (I think they needed people quick and HR can be slow to process) and called on this particular agency to find him contractors. I received the call from the agent asking if I would be interested, terms were agreed and the contract signed. The contract states that the Conduct Regulations will not apply to this particular contract but the agent persisted in asking me to sign the separate 'Opt out' form. He even stated in writing for me to sign this and leave the date off so it could be backdated to before I was introduced to the client. The usual restrictive covenants of I cannot work for the client for 12 months after the contract is terminated are written in.
Shortly after starting the contract the hiring manager called to ask if I could bin the agency as the markup was ludicrously high. Basically the agency, who was on the client's preferred supplier list, had abused the markup that had been agreed between the client's HR department. As a consequence the contract between the client and agency was cancelled immediately by the client's HR department and they were kicked off the PSL.
However my contract between my Limited Company and agency is still in place and the client's HR department have agreed to honour the payment terms for the remainder of the 6 month contract. They have informed me that when the contract comes to an end I can then work direct with the client and no restrictive covenants will apply as the agency are longer be on the PSL.
Now, I have NOT opted out of the Conduct Regulations although the contract does say that they won't apply.
What are my options here?
As I have NOT opted out what does that mean for me? I have read Regulation 10 stating that you can leave 14 weeks after the start of the contract or 8 weeks after the contract ends (whichever is later). Does this mean that I would be free to walk away after 6 weeks (as a minimum) of working for the client, have a break of 8 weeks, and then I can go back to work direct? Alternatively could I work the 6 month contract, have the 8 week break and then go direct?
As the contract between the agency and client has been cancelled does that not have some bearing and strengthen my case in any way? Can I simply walk away now?
If I decide to stay on for the remainder of the contract could I work direct for the client without a break of 8 weeks as their HR department have advised (as they are no longer on their PSL). Would there be any negative/financial impact on me from the agency?
My contract also says that if the agency to client contract is cancelled the agency can terminate me. Now seeing as it has been cancelled does the same not apply to me i.e. can I not cancel the contract in the same manner? Surely if the agency has that right then so do I?
Any suggestions are greatly appreciated.
ATB.
Comment