Agency tie-in 6Months need advice

**benlittle** · 20 November 2015, 13:55

sorry im guessing this should of been in "business/contracts" not "general"

**stek** · 20 November 2015, 13:57

Originally posted by benlittle View Post

Hi
Someone I know is currently working for a company through an agency and there contract end next week ( idk if it will get renewed and they dont know either)
but the company is hiring direct and she is top pick for the job. But the agency has a tie-in clause so the client is unable to hire her for 6months after the contract has ended ??

what can she do in terms of being able to go direct with the company ? what if the agency don't find her more work but the company willing to take her on ?

Im guessing she could keep quite and it then down to the company to take the risk ?

How can she get this clause broke legally because at the end of the day people are willing to hire people but shìt like this is stopping people from working.

any input would greatly be appreciated

ben

Sounds like someone else not cut out to be a contractor. Suggest the person goes permie. This is business to business not employer/employee.

**ZARDOZ** · 20 November 2015, 13:59

Wow there are some agencies left with such clauses? I remember seeing them years ago and would request it was the first thing they deleted. In all likelihood someone in HR/contracts will spot this clause and/or the agent will kick up a fuss. Either the agency will be involved or a negotiation will have to take place.

**northernladuk** · 20 November 2015, 13:59

With that level of spelling and grammar I think general is the place. There is nothing professional about that lol.

**benlittle** · 20 November 2015, 14:06

Originally posted by northernladuk View Post

With that level of spelling and grammar I think general is the place. There is nothing professional about that lol.

wasn't trying to be professional was just asking for advice, if you got none to give then don't comment

**benlittle** · 20 November 2015, 14:10

Originally posted by ZARDOZ View Post

Wow there are some agencies left with such clauses? I remember seeing them years ago and would request it was the first thing they deleted. In all likelihood someone in HR/contracts will spot this clause and/or the agent will kick up a fuss. Either the agency will be involved or a negotiation will have to take place.

Thanks for the reply
Only problem trying to negotiation with the agency and they say no they would keep one eye on it

**WTFH** · 20 November 2015, 14:11

Um the thing you refer to as "sh!t like this" is what others would call "a signed contract".

You (sorry, she) signed the contract with that clause in place. It is binding. If you (sorry, she) want to go against the contract that you (sorry, she) signed then:

Option 1: Break it and hope not to get caught.
Option 2: Find out what the buy-out fee would be. Note, there may be a buy-out fee for the company as well, which you would need to pay on their behalf or reach an agreement with them about.
Option 3: Get the contract renewed through the agent.

Saying "the company is hiring direct", I take that to mean you (sorry, she) have approached the company to see if they will take you (sorry, her) on directly. Companies rarely approach contractors about going direct when the contractor is already on site as the company tends to understand what's written in a contract.

**VectraMan** · 20 November 2015, 14:19

Originally posted by benlittle View Post

Hi
what can she do in terms of being able to go direct with the company ?

It's actually very simple. Just pay the agency their fee, or get the client to pay the agency their fee. That's all they're after.

**northernladuk** · 20 November 2015, 14:19

OK I'll play. What's your friends Opt In/out status?

Agency tie-in 6Months need advice