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Can I leave umbrella and go-direct?

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    Can I leave umbrella and go-direct?

    Hi,

    I am working for a client in below arrangement:

    ME -> Umbrella -> Agency -> Consultancy A -> End Client

    I am planning to join another consultancy (Consultancy B) who is also working with this End Client. Consultancy A is ready to let me go and they have confirmed it to end client. Consultancy B is ready to hire me and place to same end client.

    My query is, can Umbrella Company or Agency stop me from changing Consultancy to work with same end client? If I work with Consultancy B then I would not be working through same Umbrella or Agency. I will be a direct employee of Consultancy B.

    Please share your thought.
    Thanks

    #2
    Originally posted by Emily44 View Post
    Hi,

    I am working for a client in below arrangement:

    ME -> Umbrella -> Agency -> Consultancy A -> End Client

    I am planning to join another consultancy (Consultancy B) who is also working with this End Client. Consultancy A is ready to let me go and they have confirmed it to end client. Consultancy B is ready to hire me and place to same end client.

    My query is, can Umbrella Company or Agency stop me from changing Consultancy to work with same end client? If I work with Consultancy B then I would not be working through same Umbrella or Agency. I will be a direct employee of Consultancy B.

    Please share your thought.
    Thanks
    Did you opt in or opt out of agency regulations when you joined the agency / umbrella. As that would be where any problem lies.

    Personally given consultancy A are happy for you to go and join consultancy B I would just go
    merely at clientco for the entertainment

    Comment


      #3
      The Umbrella won't care as they exist just to process your payroll, nothing else. Just hand your notice in as you would any other employment. Agency might moan about handcuffs but as their client and the new consultancy agree then there is no more money here for the agent so handcuff doesn't apply. They will probably be fine so don't worry.

      Umbrella notice can be done at anytime but best dovetail it with the new role to make it nice and clean.

      Good luck.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by eek View Post

        Did you opt in or opt out of agency regulations when you joined the agency / umbrella. As that would be where any problem lies.

        Personally given consultancy A are happy for you to go and join consultancy B I would just go
        I have not signed any contract with Agency so not sure how Agency OptIn/ OptOut can apply to me here? My current employment is with umbrella company only which will move to Consultancy B in future.

        Comment


          #5
          Originally posted by Emily44 View Post

          I have not signed any contract with Agency so not sure how Agency OptIn/ OptOut can apply to me here? My current employment is with umbrella company only which will move to Consultancy B in future.
          Always the best way in situations like this is negotiation so need to start digging in to the legals. If the agency is OK with it then you are laughing.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by Emily44 View Post
            Hi,

            I am working for a client in below arrangement:

            ME -> Umbrella -> Agency -> Consultancy A -> End Client

            I am planning to join another consultancy (Consultancy B) who is also working with this End Client. Consultancy A is ready to let me go and they have confirmed it to end client. Consultancy B is ready to hire me and place to same end client.

            My query is, can Umbrella Company or Agency stop me from changing Consultancy to work with same end client? If I work with Consultancy B then I would not be working through same Umbrella or Agency. I will be a direct employee of Consultancy B.

            Please share your thought.
            Thanks
            Hmm. So Consultancy A is ready to let you go, but do they know you're going to work for a direct competitor with the same end client? Usually there's a 6, 12, 18, 24 month (yes, I really had that once - had to get legal advice) clause saying you can't work directly with that client again.


            When you see a direct employee of Consultancy B, do you mean you will be a permie and not a contractor any more?

            Comment


              #7
              You should be fine, Consultancy A may have a liability.
              https://uk.linkedin.com/in/andyhallett

              Comment

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