Agency contract signed but I want to stay now

**doconline** · 29 June 2017, 12:10

Originally posted by Hong888 View Post

Hi all

I need some urgent advice on this matter so please help me.

I have signed a contract with the agency for my new employer and handed in my notice to my current employer. However, my current manager has asked me to stay and match my package and extend my contract from my 6m period to a year. This is a surprise to me and I decide to stay as I do genuinely enjoy working here.

My question is my signed contract with my new employer. Will there be any issue if I turn then down now? All I have done is signed the contract with the agency. Prescreening has yet been started. What's the best approach to discuss this with the agent?

Thanks so much for your help.

Hong

Just be honest with the agent. Tell them the situation, say that you will be invoking the notice clause in your contract (presume you have one), and they are therefore unlikely to want to you put you on site for a few days, as this will annoy the client. Expect them to bitch and moan and try and bully you into taking their contract as they are losing commission though. And you will have burnt that bridge, so unlikely to get work through that agency again. Just make sure you have the other one signed and you are sure the work is there first.

**northernladuk** · 29 June 2017, 12:31

Employers? Honestly? Someone needs to understand what they do and who they supply their services to a little better

You also need to understand who you signed your contract with. You mention you signed it with the agency and then with the <cough> employer later on. What's the score? If you understand what I mention in my first comment this would come pretty naturally to you.

You've considered the 24 month rule?

You're IR35 status is watertight, particularly talking 1 year contracts when you've already been there x months?

**BrilloPad** · 29 June 2017, 12:34

Give notice on your new contract immediately.

Or ask them if then want to pay loads more to take you on.

**northernladuk** · 29 June 2017, 12:47

Why did you hand your notice in to your old client if you wanted to stay?

**Hong888** · 29 June 2017, 12:58

Just to clarify, I went direct to this new client but they use an agent for contractor, so I am signing a contract with the agent and suppose the agent will sign a separate contract with the client. :-)

You've considered the 24 month rule?
I don't think this is a issue for my client. I know a lot of contractors have stayed for over 24months. But thanks for bringing this to my attention

I handed in my notice because I wasn't expecting a matching offer from my current client and I have already received the new contract from the new client/agent

**BrilloPad** · 29 June 2017, 13:00

Originally posted by Hong888 View Post

Just to clarify, I went direct to this new client but they use an agent for contractor, so I am signing a contract with the agent and suppose the agent will sign a separate contract with the client. :-)

You've considered the 24 month rule?
I don't think this is a issue for my client. I know a lot of contractors have stayed for over 24months. But thanks for bringing this to my attention

I handed in my notice because I wasn't expecting a matching offer from my current client and I have already received the new contract from the new client/agent

Have you given notice on the new contract?

**Hong888** · 29 June 2017, 13:08

Originally posted by BrilloPad View Post

Have you given notice on the new contract?

No I haven't yet. I have explained to my manager my intention to stay provided that a new contract with new rate and extended end date is written and signed. Then I'll go back to the new agency/client but I won't hand in my notice without signing a new contract here first.

**BrilloPad** · 29 June 2017, 13:10

Originally posted by Hong888 View Post

No I haven't yet. I have explained to my manager my intention to stay provided that a new contract with new rate and extended end date is written and signed. Then I'll go back to the new agency/client but I won't hand in my notice without signing a new contract here first.

Did you say prescreening has not yet been started for the new contract anyway?

**Hong888** · 29 June 2017, 13:29

Originally posted by BrilloPad View Post

Did you say prescreening has not yet been started for the new contract anyway?

Yes that's correct. I have to fill in all the info before they can start the prescreening. But I have been told that I don't have to wait for this to be completed before I start on site which is quite strange for me.

Agency contract signed but I want to stay now