Can I work for the same client when contract of my current agency ended with client?

[Sporadic]

Hi

I have learnt last week that the contract arrangement between my agent and the client has ended. So my agency won’t be able to provide any resources.

My client is happy to accept me in the same role through a different agency.

But I have signed the contract through an umbrella company (I am working through an umbrella company) that I won’t be working with the same client for at least 3 months immediately after my contract has terminated.

In this scenario I have no other option than to do this.

Please could you advise if this is possible? Would the current agent raise any objections because of the clause in the contract. Any feedback is much appreciated.

Thanks

[WTFH]

1. Are you planning to leave the umbrella company or just switch agents?
2. Is there any handcuff clause in the contract with the agent about you working for the end client within the 3 month limit?
3. Has the agent told you they are no longer working with the client, or is it the client that told you? If it’s the client, find out what the agent is saying

[Sporadic]

1. Are you planning to leave the umbrella company or just switch agents?

Plan to leave the umbrella company & switch agents (both)

2. Is there any handcuff clause in the contract with the agent about you working for the end client within the 3 month limit?

There is a clause saying I should not work for not less than 3 months & not more than contract period(it was 5 months on this extension). If I work then I should pay 25% of the rate to this current agent.

3. Has the agent told you they are no longer working with the client, or is it the client that told you? If it’s the client, find out what the agent is saying

Both the client and the agent have confirmed this.


Thanks

[moggy]

Both the client and the agent have confirmed this.


Thanks

The umbrella may not want to rock the boat with the agency, you can always switch agency and umbrella if this is the case.

[northernladuk]

I don't fully understand contract arrangements where brollies are involved but on the whole a handcuff cannot be enforced if there is no loss to the party you are contracted for. They can't just do it for the hell of it.

If you want to switch agents just cause you like a different one then and the original agent loses commission it will stick. If the original agent can't make another penny then it won't stick. The same would go for the brollies as well.

One quick way around it would be to get the 2nd agent to say they won't work with your current brolly. That means there is nothing left for the brolly so they can't enforce the handcuff. We know the original agent can't enforce the handcuff.

Failing that then you've got to go speak to the parties and put it to them. We've seen many examples of where people have gotten out of handcuffs that were quite solid just by gaining agreement.
Speak to the brolly, explain you are going LTD (I'm assuming you are). You aren't going to their competition and if you want to go limited they aren't going to make any more money and just see if they say they are OK with it. To be fair, it would be bloody ridiculous if they hold you to it. One post on here naming them would cost them a lot more.

[LondonManc]

Bin off the brolly co, go limited company. Clean start and demarcation of who owes you what completely.