Agency Lies

[Spikeh]

A bit off-topic perhaps, but regarding handcuff clauses:

- who is restricted, the Ltd, the Director or the worker
- what happens fs I close down my Ltd and open another and then contract directly with end client?

The NDA is between me personally, and the agency. My company is mentioned in the definitions, but not in the text of the NDA (just my name).

I don't know, in answer to your second question. I imagine it's probably OK, but it's a LOT of hassle...

[Old Greg]

The NDA is between me personally, and the agency. My company is mentioned in the definitions, but not in the text of the NDA (just my name).

I don't know, in answer to your second question. I imagine it's probably OK, but it's a LOT of hassle...

Well it's almost no hassle to open a new company. Closing down the old one is hassle. Forget the NDA - my question is about the handcuff clauses preventing a direct contractual relationship between you and the client.

I am sure there is a good reason why you can't just go through another vehicle to cut the pimp out. I'm just not sure what that reason is.

[Willapp]

Well it's almost no hassle to open a new company. Closing down the old one is hassle. Forget the NDA - my question is about the handcuff clauses preventing a direct contractual relationship between you and the client.

I am sure there is a good reason why you can't just go through another vehicle to cut the pimp out. I'm just not sure what that reason is.

Yeah I bet this is wishful thinking otherwise loads of contractors would do it as a way of getting around handcuff clauses. Probably it's the terminology used between the agency and the client which would cover 'introduction or supply' of the worker - i.e. specifically You rather than your Ltd - that would mean even with a different Ltd (or direct as a perm) the agency would be entitled to their fee.

Like anything though, handcuff clauses usually come down to whether the agency has the balls to enforce it and the client the appetite to fight it. If agencies have multiple contractors on site then they're hardly going to threaten their client with legal action over one contractor if the net result is they lose the client completely.

[Taita]

And so will the money stolen from him.

Boo2

He gets his contracted rate. How is money being 'stolen' from him?

[Taita]

Such an English thing to say isn't it? "Just put up with it, you're happy aren't you?".

Spoke to the client yesterday, and they haven't spoke to the agency yet thank God... we're gonna approach it together. Things are in hand

I would hope so. This is England after all! When in Rome and all that, Old Chap.

However, I did not say "Just put up with it, you're happy aren't you?".

You said the agent was fantastic, you are being paid the rate you signed up to and you like the job.......

So why the fuss?

The manager may be on your side at the moment but the permies are watching you and they will not see it as enforcing your 'rights'....... they will see it as another example of contractor greed and bolshieness.

Ultimately, someone more senior than your manager will question whether you and your manager have enough serious work to do.

[Spikeh]

I would hope so. This is England after all! When in Rome and all that, Old Chap.

However, I did not say "Just put up with it, you're happy aren't you?".

You said the agent was fantastic, you are being paid the rate you signed up to and you like the job.......

So why the fuss?

The manager may be on your side at the moment but the permies are watching you and they will not see it as enforcing your 'rights'....... they will see it as another example of contractor greed and bolshieness.

Ultimately, someone more senior than your manager will question whether you and your manager have enough serious work to do.

I do not have a manager, nor do I work in an office - the "permies" have no knowledge of this, and probably won't get wind of it; it's got nothing to do with them. It sounds to me that you're a lot more concerned with office politics than you should be as a contractor.

There is no one more senior at the client than the person I'm dealing with this with, and my performance is not in question here. Besides, we haven't actually done anything about this yet, we've both been too busy "doing serious work", as you put it.

As I keep saying, this isn't about getting more money for my company, it's about an agency screwing over both the client and I, and lying to me about something the client apparently said (but didn't). The client is more annoyed about it than I am.

[Taita]

I do not have a manager, nor do I work in an office - the "permies" have no knowledge of this, and probably won't get wind of it; it's got nothing to do with them. It sounds to me that you're a lot more concerned with office politics than you should be as a contractor.



There is no one more senior at the client than the person I'm dealing with this with, and my performance is not in question here. Besides, we haven't actually done anything about this yet, we've both been too busy "doing serious work", as you put it.

As I keep saying, this isn't about getting more money for my company, it's about an agency screwing over both the client and I, and lying to me about something the client apparently said (but didn't). The client is more annoyed about it than I am.

Sorry I forgot you have previous form for issues that few others experience in several years of contracting. You appear to have suffered two life changing experiences in 4 months.

http://forums.contractoruk.com/busin...extension.html

[Spikeh]

Sorry I forgot you have previous form for issues that few others experience in several years of contracting. You appear to have suffered two life changing experiences in 4 months.

http://forums.contractoruk.com/busin...extension.html

Allright, so now you're getting personal? What's that got to do with anything? Are there new forums rules that stop me from opening more than one topic in a year?

FYI (for anyone who can't be bothered reading the last post on that thread), everything was perfectly above board and ended without issue. I was asking a question, as I'm doing here - I have no firm action plan one way or another yet.

Some of us choose to keep our head down and risk falling inside IR35, and some of us choose to run our business as a business, with all the associated ups and downs; that includes questioning the people you do business with if they do something wrong or unethical.

[Boo]

He gets his contracted rate. How is money being 'stolen' from him?

Because if I contract with you to give you all except a certain percentage of your earnings and then I take more than that percentage I have stolen the difference from you.

Tell me Taita, are you a rec con yourself ?


Boo2

[Old Greg]

Because if I contract with you to give you all except a certain percentage of your earnings and then I take more than that percentage I have stolen the difference from you.

Tell me Taita, are you a rec con yourself ?


Boo2

As Dodgy Agent rightly says, you are taking a percentage of the agency's daily rate, not the other way round.