Consultancy Changing Supplying Agencies

[gables]

This gets suggested a lot round these parts, but IIRC Andy Hallett has said that he has personally been involved in cases where the old agency has gone to court and won. I would be wary of relying on the advice that the agency can't do anything, unless there is a statute or relevant precedent that shows otherwise.

It might be worth letting the client know that there is a chance that you'll be leaving because of the issues with the consultancy / agency.

Interesting, I can see how an agency would have a case if this mid contract as there is obviously a loss of the remaining contract. But with a renewal, which I would see as a new contract, there is no loss as the old agency wouldn't get to bid for the work.

But as others have said, it's up to the consultancy to sort out with the agent(s) if they really want to keep you on.

[billybiro]

The only thing you can do is encourage the consultancy to sort it out with the agency they're moving away from. It's not your fault that they don't want to deal with that company any more.

Or you could allow the existing (outgoing) agency to believe you've taken the termination of the contract on the chin and are "moving on" then dealing with the new agency to resume work for the same consultancy/client and keeping your mouth shut about it. The old agency may never even know! And even if they do somehow find out, it's not a given that they'll chase you into court since it all depends upon the likelihood of them getting a decent settlement out of the case versus the cost of it (both time and money).

[SlipTheJab]

Or you could allow the existing (outgoing) agency to believe you've taken the termination of the contract on the chin and are "moving on" then dealing with the new agency to resume work for the same consultancy/client and keeping your mouth shut about it. The old agency may never even know! And even if they do somehow find out, it's not a given that they'll chase you into court since it all depends upon the likelihood of them getting a decent settlement out of the case versus the cost of it (both time and money).

^^^ This, shut your mauf and keep invoicing

[Andy Hallett]

^^^ This, shut your mauf and keep invoicing

Yeah, because agencies never check.....

[Andy Hallett]

This gets suggested a lot round these parts, but IIRC Andy Hallett has said that he has personally been involved in cases where the old agency has gone to court and won. I would be wary of relying on the advice that the agency can't do anything, unless there is a statute or relevant precedent that shows otherwise.

It might be worth letting the client know that there is a chance that you'll be leaving because of the issues with the consultancy / agency.

Devil is in the detail and each case should be treated on its merits. Generally (non-solicitation) clauses are enforced against clients, not individual contractors.

If these things are discussed up front the agencies and client normally cut a deal in my experience.

[billybiro]

Yeah, because agencies never check.....

Because it's impossible for an agency to be lied to?

[pauldee]

If the agency finds out and decides they want to sue for their fee, who pays?

[Andy Hallett]

Because it's impossible for an agency to be lied to?

Not impossible to hide it. But if you think we haven’t seen (and are wise to) all the tricks and excuses in 30 years of trading, happy birthday for yesterday.

[Andy Hallett]

If the agency finds out and decides they want to sue for their fee, who pays?

Usually the client.

[BR14]

Not impossible to hide it. But if you think we haven’t seen (and are wise to) all the tricks and excuses in 30 years of trading, happy birthday for yesterday.

bloody newcomers