Agent approached me about a role but within 6 month no approach period

[London75]

Just wondered if anyone can help, an agent approached me about a role that sounded very interesting and it turned out it was back in another part of the client I left 3 months ago. That agent is not the same firm as the one I was with before and that last contract had a 6 month restriction that doesn't directly say I can't approach client but also says I mustn't lose the original agent any money which I suspect this would as they too are recruiting for the role. (I stupidly opted out even though there was no need as I was already onsite having originally contracted directly with client)

I haven't actually confirmed to this second agent for them to represent me, what are my options?

Can I approach the original agent and ask for them to present me to client?
Can I go to the client and ask them to sort something out if they are interested in me for this role?
Is it something the new agent is likely to be able to sort or will my CV just get binned as too complicated? Until these details cropped up it was all guns blazing to get me in there!

Would really love to go back to client as the travel is a pain on this last contract and old client is really close to home.

[tractor]

...

Just wondered if anyone can help, an agent approached me about a role that sounded very interesting and it turned out it was back in another part of the client I left 3 months ago. That agent is not the same firm as the one I was with before and that last contract had a 6 month restriction that doesn't directly say I can't approach client but also says I mustn't lose the original agent any money which I suspect this would as they too are recruiting for the role. (I stupidly opted out even though there was no need as I was already onsite having originally contracted directly with client)

I haven't actually confirmed to this second agent for them to represent me, what are my options?

Can I approach the original agent and ask for them to present me to client?
Can I go to the client and ask them to sort something out if they are interested in me for this role?
Is it something the new agent is likely to be able to sort or will my CV just get binned as too complicated? Until these details cropped up it was all guns blazing to get me in there!

Would really love to go back to client as the travel is a pain on this last contract and old client is really close to home.

If you were already on site when you opted out, the opt out is invalid. Therefore any handcuff is limited to 8 weeks from the end of the contract or 14 weeks from the beginning, whichever is later.

I think this is the most recent copy of the SI for the Conduct Regs

[London75]

Thanks for that, just reading through. Another agent has now called who aren't the first agent or the second agent but have been approached by the first to supply for the role so would be allowed!

I wouldn't mind but I know all the people in the company on first name terms but can't go direct as they stitched themselves up in a managed service hr contract.

Bums.

[tractor]

Thanks for that, just reading through. Another agent has now called who aren't the first agent or the second agent but have been approached by the first to supply for the role so would be allowed!

I wouldn't mind but I know all the people in the company on first name terms but can't go direct as they stitched themselves up in a managed service hr contract.

Bums.

Laziness and penny pinching comes at a price

I will be happy the day that clients realise that HR should be the last pipeline to use to bring in the likes of us. It will never happen though, HR, like agents are insidious and have become entrenched.

[London75]

Tell me about it, I'd been working for said client for years on various contracts and then this company were signed up and they had to take over my contract. Fine, some admin fee for exactly the same service and loads of inconvenience but fine.

Then they start hassling me for references, I explain to them that I've been here years, for what reason would they want references. Still the harassment continued with a different junior clerk each week so I give them the name of the line manager who I sat next to and who had requested my services in the future and they started harassing him. The conversations on the phone were hilarious, along the lines of "it's me requesting the contract, what purpose would me referencing the person I've asked you to contract serve?" very comical.

[tractor]

...

Tell me about it, I'd been working for said client for years on various contracts and then this company were signed up and they had to take over my contract. Fine, some admin fee for exactly the same service and loads of inconvenience but fine.

Then they start hassling me for references, I explain to them that I've been here years, for what reason would they want references. Still the harassment continued with a different junior clerk each week so I give them the name of the line manager who I sat next to and who had requested my services in the future and they started harassing him. The conversations on the phone were hilarious, along the lines of "it's me requesting the contract, what purpose would me referencing the person I've asked you to contract serve?" very comical.

Exactly, box tickers justifying their existence.

[London75]

Now agent C is faffing about the restrictions despite having been approached through firm A who imposed the restriction.

To explain the onsite bit, I contracted directly on various contracts for 5.5 years and only for the final 6 months was I asked to sign firm As contract and opt-out after which I left in June this year (they didn't have anything else I wanted to work on).

Does the same rule apply regarding being in the client before firm A got me to opt out still stand as I did sign a new contract with them? I can see the logic as my relationship with the client massively pre-dates firm A so how can they restrict me from engaging with them?

[eek]

Now agent C is faffing about the restrictions despite having been approached through firm A who imposed the restriction.

To explain the onsite bit, I contracted directly on various contracts for 5.5 years and only for the final 6 months was I asked to sign firm As contract and opt-out after which I left in June this year (they didn't have anything else I wanted to work on).

Does the same rule apply regarding being in the client before firm A got me to opt out still stand as I did sign a new contract with them? I can see the logic as my relationship with the client massively pre-dates firm A so how can they restrict me from engaging with them?

An opt out is only valid if it is signed before being introduced to the client. If it is asked for after an interview it is not valid....

In your case it definitely isn't valid but would probably require a conversation between a lawyer and agency A to tell them to to give up and just walk away....

[TheFaQQer]

To explain the onsite bit, I contracted directly on various contracts for 5.5 years and only for the final 6 months was I asked to sign firm As contract and opt-out after which I left in June this year (they didn't have anything else I wanted to work on).

Ask the agency to show how the opt out was valid since it needs to be signed before you are introduced to the client OR start work (many agencies take that to mean the latter of the two scenarios) - neither can be shown to be true in your case.

Therefore, they cannot show you are opted out, so they cannot charge you or anyone else a fee for not going through them, as long as this is either 14 weeks after the start of the contract or eight weeks after the end (whichever is later).

Go with whoever you want to - you are in the right here.

[London75]

Thanks everyone, after all this I hope I get the flaming contract!