Invoking the substitution clause
+ Reply to Thread
Page 1 of 2 1 2 LastLast
Posts 1 to 10 of 12
  1. #1

    Fingers like lightning


    Join Date
    Jan 2013
    Posts
    610
    Thanks (Given)
    1
    Thanks (Received)
    25
    Likes (Given)
    31
    Likes (Received)
    55

    Default Invoking the substitution clause

    Has anyone invoked the substitution clause? How did it work with the agency and client?
    Any useful tips?

  2. #2

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    33,976
    Thanks (Given)
    141
    Thanks (Received)
    1500
    Likes (Given)
    1794
    Likes (Received)
    6108

    Default

    Very very few have. You realise you should be finding someone and getting them up to speed at your own time and cost. You should be offering someone that can step in for you. Not just another body that starts after you've left. Is it still an option for you?
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  3. #3

    Should post faster

    l35kee's Avatar
    Join Date
    Sep 2016
    Posts
    199
    Thanks (Given)
    0
    Thanks (Received)
    12
    Likes (Given)
    3
    Likes (Received)
    39

    Default

    Quote Originally Posted by SandyD View Post
    Has anyone invoked the substitution clause? How did it work with the agency and client?
    Any useful tips?
    Depends a lot on what your contract says about it?

    Also, do you have another employee to put forward? Assuming they will have to be paid via your LTD, who will still be invoicing your client. What if the sub is terrible and client refuses to pay your Ltd, will you still pay the sub?

    Stay and do it yourself, or leave imo..!

  4. #4

    Old Greg is my bitch's bitch

    northernladyuk's Avatar
    Join Date
    Nov 2011
    Location
    Working the streets of your imagination
    Posts
    8,299
    Thanks (Given)
    1144
    Thanks (Received)
    623
    Likes (Given)
    416
    Likes (Received)
    2343

    Default

    Quote Originally Posted by SandyD View Post
    Has anyone invoked the substitution clause? How did it work with the agency and client?
    Any useful tips?
    Haven't done it, but regardless of the contractual position, you would have to treat is as you would a sales process, not just advise them you're invoking the clause. The clause is the last thing you would do to give a contractual framework to permit what you have already agreed first with client, then with agency.

    Unless of course you are invoking the clause as a nuclear option to get out of working notice, in which case get stuck in!

    Interested to know the story.
    Where there's muck there's brass.

  5. #5

    Should post faster


    Join Date
    Jan 2015
    Posts
    190
    Thanks (Given)
    0
    Thanks (Received)
    4
    Likes (Given)
    3
    Likes (Received)
    46

    Default

    I have used subs on a few occasions.
    In my experience, it is best to sort it out directly with the client and only inform the agency as a courtesy after the work has been completed and you have a signed timesheet. This gives them no chance to screw things up for you.

  6. #6

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    33,976
    Thanks (Given)
    141
    Thanks (Received)
    1500
    Likes (Given)
    1794
    Likes (Received)
    6108

    Default

    Quote Originally Posted by fidot View Post
    I have used subs on a few occasions.
    In my experience, it is best to sort it out directly with the client and only inform the agency as a courtesy after the work has been completed and you have a signed timesheet. This gives them no chance to screw things up for you.
    Bearing in mind your contract is with the agency I'm not so sure this is the best method. You might have gotten away with it but not informing the party you are contracted to could end in tears.

    When you says subs you mean substitutes and not sub contractors?
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  7. #7

    Should post faster


    Join Date
    Jan 2015
    Posts
    190
    Thanks (Given)
    0
    Thanks (Received)
    4
    Likes (Given)
    3
    Likes (Received)
    46

    Default

    I do mean substitutes.

    In my experience the agencies don't give a toss once the time sheet is signed. If you try to discuss anything with them first they tend to put up barriers as they think it will be problematic for the end client.

    Address the issue with the client professionally and there is no issue.

    Agency contracts may say things like holiday or sick days need to be agreed with agency first. Do you ever do that? I'd be surprised if you did.

    I appreciate that there isn't one size fits all situations but the above is my experience of substituting on 3 separate occasions.
    Last edited by fidot; 14th August 2017 at 15:54.

  8. #8

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    33,976
    Thanks (Given)
    141
    Thanks (Received)
    1500
    Likes (Given)
    1794
    Likes (Received)
    6108

    Default

    Quote Originally Posted by fidot View Post
    I do mean substitutes.
    AH OK.
    Agency contracts may say things like holiday or sick days need to be agreed with agency first. Do you ever do that? I'd be surprised if you did.
    Good point but must admit I do drop the a cursory note to mention it when I am.

    I appreciate that there isn't one size fits all situations but the above is my experience of subcontracting on 3 separate occasions.
    Eh???
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  9. #9

    Should post faster


    Join Date
    Jan 2015
    Posts
    190
    Thanks (Given)
    0
    Thanks (Received)
    4
    Likes (Given)
    3
    Likes (Received)
    46

    Default

    Fixed. Good spot

  10. #10

    Double Godlike!

    stek's Avatar
    Join Date
    Oct 2009
    Location
    East of Eden
    Posts
    11,202
    Thanks (Given)
    4
    Thanks (Received)
    285
    Likes (Given)
    13
    Likes (Received)
    1538

    Default

    Imagine signing Lionel Messi and getting Phil Neville.

    Or buying a POWER8 frame and finding Linux on it....

+ Reply to Thread
Page 1 of 2 1 2 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.