Problems with agency - how easy is it to ditch them??

[thunderlizard]

I've been told by the HR girl in work (who also dislikes them), that if an agency doesn't provide a good service to it's contractors then the contract is null and void

As well as being basically untrue, that's a dangerously backwards way of seeing things. An agency does not provide a service to its contractors. The contractors provide it with a service (i.e. work) and in return it provides them with money. They will tell you otherwise but they are lying.

[ciscokid]

Did you opt out of the Conduct of Employment Agencies and Employment Business Regulations? If you opted out of the regulations then this restriction may actually be enforceable against you.

If you did NOT opt out of the regs (or you did nothing) then the most they can hold against you is the later of:

1. 8 weeks after you last worked for the client, or
2. 14 weeks from when you first worked for the client

If you do the dirty on them I would suggest that you cease trading with your old company and form a new one so if they come after you then they won't get anything out of your company. They may attack the client and try and get money out of them though which will cause a lot of grief which will ultimately refect badly on you.

Good luck with whatever you decide to do!

Lads - thank you very much for all your replies.

I've never heard of the Conduct of Employment Agencies and Employment Business Regulations before - I'm guessing that I will be ok for 2 months then?

I'll raise this with someone from HR in work tomorrow.

Thank you very much again for your help. I really do appreciate it - I could probably live with 2 months off, but not sure if my employer could...

[ciscokid]

Did you opt out of the Conduct of Employment Agencies and Employment Business Regulations? If you opted out of the regulations then this restriction may actually be enforceable against you.

If you did NOT opt out of the regs (or you did nothing) then the most they can hold against you is the later of:

1. 8 weeks after you last worked for the client, or
2. 14 weeks from when you first worked for the client

If you do the dirty on them I would suggest that you cease trading with your old company and form a new one so if they come after you then they won't get anything out of your company. They may attack the client and try and get money out of them though which will cause a lot of grief which will ultimately refect badly on you.

Good luck with whatever you decide to do!

Hi

Thank you very much for the advice, I have not evern heard of the "Conduct of Employment Agencies and Employment Business Regulations".

Do you know anyone who'se been tied into a longer period than in the regs and managed to wriggle out of it?

many thanks

[TykeMerc]

Hi

Thank you very much for the advice, I have not evern heard of the "Conduct of Employment Agencies and Employment Business Regulations".

Do you know anyone who'se been tied into a longer period than in the regs and managed to wriggle out of it?

many thanks

Yes me, but you need a client with a lot of pull with the agency who's willing to back you all the way. I had handed in notice and told the client I was leaving simply because of the agencies behaviour which they were aware of already anyway. The Programme Director was a seriously stroppy git too who didn't like one of the agency senior managers either.
In my case the client wanted rid of the agency even more than I did, the 6 month clause was totally ignored and the agency told very clearly that any hassle to me would see all their client business killed off fast.

Without the client being completely on your side they won't take the risk at their end either since they have a contract with the agency which probably excludes them hiring an agency supplied contractor direct for X months.

[Wanderer]

Thank you very much again for your help. I really do appreciate it - I could probably live with 2 months off, but not sure if my employer could...

All I can say is don't go cutting your nose off to spite your face. Not working = not earning. It would take ages to recoop the money you would lose and it disrupts the client's business.

1. Ask the client if they will support you ditching the agency and going with another one. This is high risk as the agency will go ballistic.

2. Beat the agency up and tell them you want them to cut their margin. Definately can be done.

Can we ask how much the 50 pounds is as a percentage of your daily rate? If it's about 10% then it's pretty fair in my opinion. If it's 30% then they can come down to 10-15% max, especially at renewal time.

Bottom line is that agencies are crap, the sooner we all come to terms with the happer we all are.

[ciscokid]

Thank you very much again for your advice.

I'll give you an update when I sort out what is going on - I'm in a position where the customer would be screwed if I left and they know that they are getting me for a steal. So I have a fair amount of pull...

cheers again - it's much appreciated.

[ciscokid]

Everyone - I got shot of my agency. Basically proved to some senior people that I had been messaed about pretty badly and they agreed to let me go at the end of my contract and go through another agency. They tried to keep me, by upping my day rate, but I declined.

Thanks for the advice - ;-)

[Wanderer]

Good work ciscokid! Thanks for letting us know how it turned out.