Swapping agancies

[TheBigD]

If the agency have lost the contract with the client and will not be getting any more revenue from them regardless, and you are not part of their organisation (which yuo aren't), they can suffer no financial loss by you staying at the client thruogh another agency and hence their handcuff clause is demonstrably unreasonable (at a push, it could also be held to be restraint of trade) and can be disregarded.

This happened to a freind of mine. He changed agencies in order to stay at the same client. His old agency were off the PSL and weren't able to place hime elsewhere. The huffed and puffed a lot, but he got a solicitor involved and they soon backed down.

[gingerjedi]

If your contract prohibits it you should tell your agency. I suspect they will know when you don't extend with them etc.

It may well be they can supply directly in via the new provider, if you just do it and are underhand about it you will entrench their position.

How could I have extended with the first agency if there is no offer? The new provider has told me they can't deal with them already as they have a PSL.

As someone has previously said, all they can do is stop me working and that opens up another argument that they can't win.

[SueEllen]

How could I have extended with the first agency if there is no offer? The new provider has told me they can't deal with them already as they have a PSL.

As someone has previously said, all they can do is stop me working and that opens up another argument that they can't win.

Get yourself the names of a couple of solicitors (HINT- use the search feature here) then if the agency makes a fuss then pay one of them to send a letter stating that if the agency doesn't stop making a fuss you will sue them for lost earnings equal to the length of the contract offered to you.

[Andy Hallett]

How could I have extended with the first agency if there is no offer? The new provider has told me they can't deal with them already as they have a PSL.

Failure to supply won't nullify any non-solicitation clause, check it carefully.

[gingerjedi]

Failure to supply won't nullify any non-solicitation clause, check it carefully.

But in a real world scenario where would it get them? I'd back down and they'd still have no income from me.

Anyway, agent one just called and they knew all about it and just asked for my permission to pass on my details.

It seems a deal has been done, I hope they didn't pay much as I will be off at the first better opportunity.

[Wanderer]

Get yourself the names of a couple of solicitors (HINT- use the search feature here) then if the agency makes a fuss then pay one of them to send a letter stating that if the agency doesn't stop making a fuss you will sue them for lost earnings equal to the length of the contract offered to you.

^^^ I'd do this too.

If the agency were chasing a contractor wanting to recover the 10% of the contract value they would take as a margin and managed to scare a client away from engaging the contractor at all, the contractor could then take the agency on for 100% of the lost contract value. Such a fight is not worth the agency having and I think they would back down sharpish once they saw that the contractor wasn't going to stand for any of their tulipe.