Agency tie-in 6Months need advice

[EternalOptimist]

Last time this happened to me I asked the client if it was possible to fold the business and reopen it on the Monday under a different name.
The permies went into panic mode when they were made redundant, but ecstatic when they were reemployed, they kept the redundancy money obv.
The client had to get all new stationary and a new website, log etc, but that was a price well worth paying to get me for another three months.


then I woke up. it was all a dream

[benlittle]

Um the thing you refer to as "sh!t like this" is what others would call "a signed contract".


You (sorry, she) signed the contract with that clause in place. It is binding. If you (sorry, she) want to go against the contract that you (sorry, she) signed then:


Option 1: Break it and hope not to get caught.
Option 2: Find out what the buy-out fee would be. Note, there may be a buy-out fee for the company as well, which you would need to pay on their behalf or reach an agreement with them about.
Option 3: Get the contract renewed through the agent.


Saying "the company is hiring direct", I take that to mean you (sorry, she) have approached the company to see if they will take you (sorry, her) on directly. Companies rarely approach contractors about going direct when the contractor is already on site as the company tends to understand what's written in a contract.

lol it not me i already work for my own ltd company

Ok thanks anyway im guessing option 1 the best bet if the client willing to take her ( sorry me) on

if not then talk to the agency to get out the clause or renew the contract , hopefully the agency reasonable people.

I worked for many agencies in the past and this is the first time hearing about this clause but it makes sense why no one been taken on direct kinda sucks

[benlittle]

OK I'll play. What's your friends Opt In/out status?

I believe she didnt opt out either way the client saying the clause is in place

[benlittle]

she just told me she didnt sign anything with the agency, she said she called them up emailed some id ect and was told to go to the client to start work where she didnt sign anything there either. She is currently getting paid through an umbrella company so really she is employed by the umbrella company not the agency.

[northernladuk]

if not then talk to the agency to get out the clause or renew the contract , hopefully the agency reasonable people.

Agencies are not reasonable people. They are companies that only care about the bottom line. They will not give up thousands of pounds as a favour.

I worked for many agencies in the past and this is the first time hearing about this clause but it makes sense why no one been taken on direct kinda sucks

I'll bet that is because you don't read or understand your contract. I haven't worked for one that hasn't got it.

[jmo21]

she just told me she didnt sign anything with the agency, she said she called them up emailed some id ect and was told to go to the client to start work where she didnt sign anything there either. She is currently getting paid through an umbrella company so really she is employed by the umbrella company not the agency.

The end client will have a contract with the agency which states information around this.

[benlittle]

The end client will have a contract with the agency which states information around this.

Ah so there already a 6 months clause is place between client and agency ? So where does this opt in/out thing some into play

[northernladuk]

she just told me she didnt sign anything with the agency, she said she called them up emailed some id ect and was told to go to the client to start work where she didnt sign anything there either. She is currently getting paid through an umbrella company so really she is employed by the umbrella company not the agency.

If you say you are a contractor how can you not understand the relationship between the contractor, agency and umbrella company. You sound about as clueless as she is.

[benlittle]

If you say you are a contractor how can you not understand the relationship between the contractor, agency and umbrella company. You sound about as clueless as she is.

yes mate im clueless why im asking on here for advice

[fullyautomatix]

This is a joke thread, right ?

Such awful grammar and txt speak! If I was the employer I would not even consider going direct, I would "of" fired him!