Switching From Temp To Contractor?

**Beefy198** · 16 March 2009, 23:02

Short answer is your client will definitely have a contract with the agency stopping them hiring you through anyone else. Otherwise agencies wouldn't be in business for long!

**Candystore** · 17 March 2009, 08:00

Thanks for that.

Thought that may be the case, but had heard that this could only be enforced for a certain period of time.

Looks like I'll have to think of something else

**NotAllThere** · 17 March 2009, 08:36

If the company want to pay you £5 an hour more, then it wouldn't be unreasonable for them to be paying the agency £20. ( i.e. agent still gets £5 per hour, and it's still a decent markup ). However, the contract is between your agency and the company. It's up to the company to negotiate.

**Candystore** · 17 March 2009, 09:24

Thank you for your advice.

I'll speak to my manager and ask them to talk to my agency.

Don't think the agency will go for £5 an hour, especially if they have to pay me holiday pay of £15 an hour, in line with my rate.

**original PM** · 17 March 2009, 13:00

Interestingly enough if you are opted in to the EAA 2003 act then legally you can work directly for the client after 7 weeks - and the agency have no legal leg to stand on to say you can't.

It may cause a bit of rift between the client and the agency but if the client is big enough the agency will not push it for fear of losing other business.

And yes using a brolly in this situation would be fine.

I think

**Candystore** · 17 March 2009, 13:57

Thank you for your help

I've spoken to my comapny who are going to discuss the matter with my agency.

Just want to get my pay rise, don't really care how I get it

**Svalbaard** · 17 March 2009, 13:59

I presume you are meaning that you wish to ditch the agency and work directly as a contractor with current company, thereby avoiding their fees.

Ultimately the umbrella is simply a legal entity for processing payroll and would be processing your pay based on the £x per hour. Just be aware that out of these fees you charge the company, and as deductions you will need to factor in the paying of umbrella service costs on a monthly or weekly basis (as a %'age of invoice total or as a flat fee, + employers NI, + employees NI), you may also be liable to pay PI insurance as not all umbrellas provide this.

Best of luck.

**opronnie** · 19 March 2009, 16:58

hi, even though i'm new on here ive been contracting for a few years in the it sector. i had a similar dilema about 12 months ago and was uncertain that the Agency would let me switch to a brolly! when i spoke to the consultant i deal with they had only just started to look at using brolly to pay but agreed it would be ok... since then i have been with several large agencies, kept my registration with my brolly company and have not looked back. Thew overall admin fee and other bits dont really come into play asmy expenses are enopugh to increase my net pay enough to be better off even after any normal stopages... good luck my friend...

Switching From Temp To Contractor?