Agency not reissuing a new contract

[doconline]

In your situation I would speak to end client and find out if they are happy for you to go direct if no response from the agency. I would then send a guaranteed 24hr registered letter to the agent today, so it gets there tomorrow , giving them 48 hours (end of business Thursday) to get in touch with you and the client to get the contracts sorted out, stating otherwise you will have no choice but to go direct as they are compromising both your business and the clients business. That gives you Friday to sort the contract out with the end client and be back working for client on Monday. I think 48 hours is more than reasonable for them to get in touch with both parties. You could also CC the client with the letter so everyone has a copy, just in case the agency do decide to play silly buggers in the future and sue for breach of contract / loss of earnings, and everyone will be aware of what has happened with a hard copy of the letter.

[billybiro]

I told them I am willing to go direct through my other limited company and then not publicise I am still working there.

(Emphasis mine).

Wait. You have more than one limited company? If so, the answer is simple. You contract directly with the client through the limited company that has not been previously contracting with the agency. Any handcuff clause can only possibly apply to the legal entity on the contract (i.e. your ltd) and not you personally, so you're surely free of any such clause if you using a different company.

As an aside, why don't more people do this? Surely all handcuff clauses can be very easily circumvented in this way?

[northernladuk]

As an aside, why don't more people do this? Surely all handcuff clauses can be very easily circumvented in this way?

And because it's too easy to avoid contractual obligations there are ways to counter it. You can see through the business entity to the person behind it so exposing the sham situation if they want to. At best a company want want to get involved in anything like this. It's very grey and no decent legal department will want to know.

If it's that easy it's unlikely it's going to work.

[billybiro]

And because it's too easy to avoid contractual obligations there are ways to counter it. You can see through the business entity to the person behind it so exposing the sham situation if they want to. At best a company want want to get involved in anything like this. It's very grey and no decent legal department will want to know.

If it's that easy it's unlikely it's going to work.

I understand what you're saying, however, isn't the client insulated from any fallout of getting "caught" doing this? Surely the risk is all on the contractor and the limited company representing him. And so if the contractor is happy to take this risk, it should be ok?

Let's face it, in OP's exact situation with a non-responsive agent who doesn't even want to answer a phone call to earn some easy renewal money, they're unlikely to suddenly decide to make the effort to go all legal if they find out OP has contracted direct.

[northernladuk]

I understand what you're saying, however, isn't the client insulated from any fallout of getting "caught" doing this? Surely the risk is all on the contractor and the limited company representing him. And so if the contractor is happy to take this risk, it should be ok?

Let's face it, in OP's exact situation with a non-responsive agent who doesn't even want to answer a phone call to earn some easy renewal money, they're unlikely to suddenly decide to make the effort to go all legal if they find out OP has contracted direct.

Only as far as the contractor suddenly disappears off site or the client get's caught up in a huge tulipstorm that the agent kicks off. They are insulated financially but they just want a body to get on with some work, not a whole world of arguments. Easier to get another body and avoid the unnecessary fall out. It is possible they might not care or know but you are in the realms of luck and chance. You might as well go with your current limited than a sham arrangement IMO.

You are probably right but I think we'd be surprised how vindictive some agents can be when they finally wake up.

[BrilloPad]

going to see the agency face to face

This!

[northernladuk]

This!

That!

[SueEllen]

This!

Going to see an agent face to face is only viable if they are about an hour away from you, or if you find one of the directors lives locally to you so you can pop a letter through the letterbox.