Different contract, same client, bypassing agency.

[SimonMac]

OK.

I have a contract for Role A with Client through Agency, Client are now looking for Role B and I want to look at swapping, after various cluster****s at the last extension I was sent the contract between the agency and myself, and also between client and agency and long story short I am getting ****ed harder than NLYUK.

• My contract has a “Restricted Period means the 12 months following the end (howsoever arising) of the Assignment"
• Client agency contract has "within 12 months from the date of Introduction, Client agrees to notify Employment Business of that Engagement and agrees to pay the Transfer Fee"
• Client agency contract refers to an "Alternative Hire Period" which is blank, but also to a transfer fee of 15% (which is lower than the margin they are taking at the moment which has caused me to be very pissed off at the whole situation)
• Client contract has "Quarantine Period for Opted-Out Contractors: 12 months from the end (howsoever arising) of Assignment"
• Both contracts state I have have optted-out (I know this is crap so happy to ignore)

I know from other postings that an opt-out has to be valid if it's in writing and was before the introduction, just looking at past emails and I'm pretty sure this didn't happen, but will double check.

As I understand it, if I was to go direct at most Client would have to pay is 8 weeks @15% as per Section 10(5)(a) of the regs

How much of a ball ache would this be, I know most of this is down to appetite from the client as to how much of a stink they want to put up with from the agency?

[malvolio]

Quick answer? Who knows.

Slightly longer answer - it depends on whether or not you are opted out properly from the Regs. If not (as one trusted agent discovered that over 95% of his opt outs were invalid it is a good probability) then the Regs will dictate the handcuff maxima. Snag is, you will have to go to court to prove the point since HMG in their wisdom have failed ever to answer the meaning of "introduction" or to try to differentiate between an independent business such as ours and the girly from Office Angels.

You might like to ask our friends in Herron Street if they would support you through such a case. IT would be very valuable for everyone to get a decision.

[SimonMac]

Different contract, same client, bypassing agency.

Quick answer? Who knows.

Slightly longer answer - it depends on whether or not you are opted out properly from the Regs. If not (as one trusted agent discovered that over 95% of his opt outs were invalid it is a good probability) then the Regs will dictate the handcuff maxima. Snag is, you will have to go to court to prove the point since HMG in their wisdom have failed ever to answer the meaning of "introduction" or to try to differentiate between an independent business such as ours and the girly from Office Angels.

You might like to ask our friends in Herron Street if they would support you through such a case. IT would be very valuable for everyone to get a decision.

This is made (IMHO) clearer as the regs state 14 week from introduction or 8 weeks from assignment end. So from my (naive) view it’s down to if the opt out is valid and I know it’s not.

But as said I guess it depends on the clients appetites to piss off one of their main sources of contractors

[malvolio]

This is made (IMHO) clearer as the regs state 14 week from introduction or 8 weeks from assignment end. So from my (naive) view it’s down to if the opt out is valid and I know it’s not.

But as said I guess it depends on the clients appetites to piss off one of their main sources of contractors

I think both sides would actually welcome the clarification such a case would bring. I've had long arguments with senior agency people before now, only Andy Hallett seemed to agree with my position on what constitutes a valid opt out. We have to assume that the others prefer that we are opted out so they are saved a lot of work and extra effort. Some of them may appreciate proving they are not actually working in deliberate evasion of the regs and their onboarding processes are actually effective.

Perhaps we need a mediator to drive this forward?

[washed up contractor]

OK.

I have a contract for Role A with Client through Agency, Client are now looking for Role B and I want to look at swapping, after various cluster****s at the last extension I was sent the contract between the agency and myself, and also between client and agency and long story short I am getting ****ed harder than NLYUK.

• My contract has a “Restricted Period means the 12 months following the end (howsoever arising) of the Assignment"
• Client agency contract has "within 12 months from the date of Introduction, Client agrees to notify Employment Business of that Engagement and agrees to pay the Transfer Fee"
• Client agency contract refers to an "Alternative Hire Period" which is blank, but also to a transfer fee of 15% (which is lower than the margin they are taking at the moment which has caused me to be very pissed off at the whole situation)
• Client contract has "Quarantine Period for Opted-Out Contractors: 12 months from the end (howsoever arising) of Assignment"
• Both contracts state I have have optted-out (I know this is crap so happy to ignore)

I know from other postings that an opt-out has to be valid if it's in writing and was before the introduction, just looking at past emails and I'm pretty sure this didn't happen, but will double check.

As I understand it, if I was to go direct at most Client would have to pay is 8 weeks @15% as per Section 10(5)(a) of the regs

How much of a ball ache would this be, I know most of this is down to appetite from the client as to how much of a stink they want to put up with from the agency?

Shouldnt you be asking your client how much of a ballache it would be for them to pay 8 weeks at 15% rather than people on an internet forum?

[SimonMac]

Shouldnt you be asking your client how much of a ballache it would be for them to pay 8 weeks at 15% rather than people on an internet forum?

I would but it’s the weekend and they don’t work