contracting aggro etc etc !!!

**Lewis** · 3 November 2008, 11:56

Originally posted by rootsnall View Post

Any views out there on this dilema !? Genuine ones appreciated !

I have rung the PCG legal helpline but as expected there is no clear answer.

I've been at a client around 7 months and have around 2 weeks left on my current contract via a relatively well known agency. I believe there is 6 months work to do and the client is very local so I want to hang around. The client has took me to one side and said they want to now contract me through another 3rd party supplier ( a bit of mystery as to who/what this is at the moment ). I believe the client and agency are in some dispute over fees and commission for a couple of recent permanent recruits and another contractor who has now left ( but may be popping in now and then !? ). My guess is they are looking to ultimately pay off the agency with a one off payment covering everyone. But I am further guessing that the agency in question are wiser and more experienced in these matters than the client. I have never signed an Opt Out with the agency, I am unsure if they realise this.

The way I see it I can either,

A. go along with the client's scheme and involve myself in the aggro which I suspect will end in tears

B. ask the client for some sort of indemnity and go along with the scheme ( I suspect I'll be told to fire off )

C. walk away and lose the contract

D. insist on sticking with agency ( I suspect I'll be told to fire off )

E. try and broker some sort of buy out ( I suspect I'll be told to fire off by both the client and the agency )

F......... various other plans doomed to failure !!!!!

Any great 100% guaranteed master plans anyone !?

I emphasise the work is very local and the market is stuffed !

To start with I would be compeltely honest with the client. Say you are in principle happy to move agencies as you want to stay, however, that you are legally bound to remain with the original agency as you have signed a contract with a tie in clause. Make it clear that you can be sued by the agency which could get expensive for you.

Hopefully they will appreciate your concerns and be prepared to reasonably discuss options, without the you being told to fire off.

I would investigate further the fact you have not opted out and see if that makes the tie-in invalid or not.

Ultimately I think it is probably down to the client to resolve with the agency and I personally wouldn't want to get involved in a legal battle with the originial agency (even if I thought the tie-in was invalid). Too much hassle.

I would also ensure that I am not backed into a corner by the client i.e. don't let them force you to move agencies without the consent of the original agency - it could end up being you who is the only loser!

**YHB** · 3 November 2008, 11:59

Agree in writing and get signed that the end client:

a) will accept all financial costs relating to any court action
b) any payments/damages that may end up arising

**rootsnall** · 3 November 2008, 13:18

Originally posted by YHB View Post

Agree in writing and get signed that the end client:

a) will accept all financial costs relating to any court action
b) any payments/damages that may end up arising

I think this will be my approach but easier said than done.

The PM is a bit of loose canon at times but OK with it and I'm in his good books but I very much doubt he will put his signature to any such agreement. Infact I'd say no chance !

**rootsnall** · 3 November 2008, 13:59

One other question.

I know about the 8 week exclusion clause assuming I am Opted In but what is the story as regards the client buying out my contract if their Opt Out exclusion clauses ( and buy out clauses ) are invalid due to me being Opted In.

Is it 8 weeks commission or another grey area ?

contracting aggro etc etc !!!