Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
I got involved from the client side in a dispute of this kind. The client got lawyers in for a short while then stopped arguing because of the cost.
As I recall, one of the factors was you might be deemed to have accepted overall terms of engagement for the agency concerned even if they are not in any specfic assignment contract. That may or may not apply in this particular case, depending on how everyone first engaged (eg via a web site or a call from an agent etc). You'd have to see what the agency said but as others will attest, they can turn nasty when you try to take juicy bones out of their kennels.
"Don't part with your illusions; when they are gone you may still exist, but you have ceased to live" Mark Twain
First thing I would do would be to ask the agency for evidence as to why they believe this cannot happen. The onus will be on them to prove this exists. If they can't then fill your boots.
It's even easier than this.
The first thing to do is not to tell the agent that you're going to work direct with the client.
Second thing to do is make sure the client doesn't tell the agent either.
And that's where we differ greatly in opinion but indeed that is a valid option.
So you're going to perform the agent's "discovery" process, and provide the resulting evidence to them, by yourself, for free and without even being asked?
Do you also hand yourself in to the nearest police station whenever you catch yourself doing 2mph over the speed limit on an empty road?
My point this 6 months clause was not in my Contract, though I a told it is in the agreement between the agency and company X. So I was never aware or agreed to such.
If there is nothing in your contract that prevents this, then the agency cannot take any action against you.
If there is something in the contract between client and agency that prevents this, then the agency could take action against the client if they want to breach that contract.
If the client is aware of the contract clause that they agreed to, are you sure that they want to take you on direct?
Best Forum Advisor 2014 Work in the public sector? You can read my FAQ here
Click here to get 15% off your first year's IPSE membership
Comment