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

[ciscokid]

Hi

I've had a number of problems with the agency that I am currently contracting through. They get £50 a day from me and are terrible.

My contract is coming up in work and I want to get shot of them, so that I can go onto another agency just being used as a payroll company, so I can get some of the £50 myself.

However there's a clause in my contract that states that if I leave my current contract I can't go back to my employeer for 6 months unless I go through the same agency.

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 - has anyone had any experience with staying working for the same company and getting rid of the agency that they work for?

I know that this might seem like me just being greedy, but the agency have done some un-professional things that you wouldn't believe. I been contracting through other agencies who have been fine - it's my current one I have an issue with.

many thanks

[Wanderer]

Welcome!

I've had a number of problems with the agency that I am currently contracting through. They get £50 a day from me and are terrible.

That sounds about par for the course on both points.

You can't easily get rid of an agency in my experience. You have to get their permission to move to another agency and they may not give it. If the client is really annoyed with the agency too then they might be willing to conspire with you to shaft the agency. The agency won't like it so don't tell them anything, just tell them that you are not renewing the contract and leave it at that.

Alternatively, you could ask them to cut their margin and give you a pay rise. Depending on your relationship with the client, the client may back you up on this or they may tell you to fight your own battles.

However there's a clause in my contract that states that if I leave my current contract I can't go back to my employeer for 6 months unless I go through the same agency.

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!

[The Wikir Man]

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

Utter rubbish. Unless there is something in the contract that says that they must meet certain service levels and they are breaching them, then the contract isn't void. Even if there was a clause about it, I would suspect that it would be a breach of warranty rather than a breach of condition, so you might be entitled to damages but not entitled to render the contract void.

Additional to your contract, the client needs to consider what contract they have with the agency - quite often these are more restrictive than the contract you have with the agency regarding your chances of going direct or via another agency.

If you did not opt out of the agency regulations, in writing, before being introduced to the client, then you could leave and then revisit - wanderer has already given you the conditions under which you could go back. However, that does not factor in the contract between the client and the agency.

To be honest, looks like you're stuck with the agency - in the past you might have just been able to stick two fingers at the agency and they might have let you get away with it. These days, with tighter margins and less work, I would expect the agency to fight as much as they can to keep their margin.

If the agency is really that bad, start looking for a new contract and take it.

[conned tractor]

Hi

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 - has anyone had any experience with staying working for the same company and getting rid of the agency that they work for?

many thanks

In my experience HR do not know their arse from their elbow generally and wouldn't rely on their advice with regard to such actions. Only last week I was asked for my P45 by a HR girly, to which I replied, "eh I'm a contractor, you do not need my P45", and that seemed to really perplex her. This is a rather large corp with many thousands working globally and many hundreds on the site that i'm on.

To answer your question, your stuck with them, as the other posters have said.

[blacjac]

As a side note, the agency are not taking anything from you, they are getting paid by the client to provide you.

You really need to understand that if you are going to continue contracting through agencies, otherwise you will loose a lot of sleep!

[escapeUK]

As a side note, the agency are not taking anything from you, they are getting paid by the client to provide you.

You really need to understand that if you are going to continue contracting through agencies, otherwise you will loose a lot of sleep!

If kidding yourself makes you sleep better than so be it. Personally I prefer to work direct with my industry contacts and keep ALL my hard earned money.

Although I am relatively new to contracting, approaching 2 years. It seems there must be a lot of weak spineless characters about to have got to a position where agents lie , cheat , provide no benefit to clients and yet take some of your money. Hang your heads in shame.

[doodab]

Personally I prefer to work direct with my industry contacts and keep ALL my hard earned money.

And you are free to do so. Just don't take any work through agencies.

Personally if I'm not working and an agent can find me something at a rate I'm willing to accept then I take it, and they are welcome to their margin.

[blacjac]

As a side note, the agency are not taking anything from you, they are getting paid by the client to provide you.

You really need to understand that if you are going to continue contracting through agencies, otherwise you will loose a lot of sleep!

If kidding yourself makes you sleep better than so be it. Personally I prefer to work direct with my industry contacts and keep ALL my hard earned money.

Although I am relatively new to contracting, approaching 2 years. It seems there must be a lot of weak spineless characters about to have got to a position where agents lie , cheat , provide no benefit to clients and yet take some of your money. Hang your heads in shame.

Please re read what I wrote (paying particuar attention to the bit on bold).

[centurian]

Utter rubbish. Unless there is something in the contract that says...

Agreed. Agents put enourmous effort into wording these contacts in such a way that even clause is to their benefit - even the ones that appear not to be.

Clients, for all their huff and puff don't do this every day - so they don't understand the nuances of what particular clauses actually mean - or how they are rendered irrelevant by other innocous clauses.

So while ClientCo may think they have a certain position, the reality is often different.

Case in point - how many newbie contractors think that a contract which clearly states a 28 day notice period means they will get paid for 4 weeks if their contract get canned.

[The Wikir Man]

Case in point - how many newbie contractors think that a contract which clearly states a 28 day notice period means they will get paid for 4 weeks if their contract get canned.

I used to, till it happened to me.

On my first contract.