Have you had luck with striking out handcuff clauses from contracts before signing?

[cannon999]

Regulation 10 seems to cover hirers against long handcuff clauses https://www.legislation.gov.uk/uksi/...lation/10/made but doesn't really mention work seekers. Have you had any agencies that caved and removed the clause before signing the contract?

[eek]

Regulation 10 seems to cover hirers against long handcuff clauses https://www.legislation.gov.uk/uksi/...lation/10/made but doesn't really mention work seekers. Have you had any agencies that caved and removed the clause before signing the contract?

Not going to happen...

[cannon999]

Not going to happen...

Let's paint this picture, the contractor has niche skills that are hard to come by in the market and the client is very happy with them. Would the agency be happy to piss off the client over something like this?

[northernladuk]

Let's paint this picture, the contractor has niche skills that are hard to come by in the market and the client is very happy with them. Would the agency be happy to piss off the client over something like this?

The agencies having it in to protect their revenue streams. It stops the contractor jumping to different agencies when they fancy it. Gives the first agency dibs so tends to be very little to do with the client and the contractor but more them protecting their income. When it comes to protecting income agencies have it nailed down and don't flex.

Handcuffs can be unenforceable if they are 12 months but that's a legal argument. It's much more likely it will be a bun fight between all parties concerened and the first to blink loses. We've see all sorts of outcomes with handcuff issues. It's legal so the client will understand and fold in some cases or in others the client strong arms the agent in to allowing them to take the contractor on direct for promise of more business. On the other end we've seen situations where the handcuffs stands, the agency stands their ground and the contractor loses out, even to the extent of being out of a gig in a few cases I remember.

It never goes legal, it's just whatever is left once the dust settles after a dispute and than can vary greatly from situation to situation. BUt striking a handcuff out? Never.

[Paralytic]

Let's paint this picture, the contractor has niche skills that are hard to come by in the market and the client is very happy with them. Would the agency be happy to piss off the client over something like this?

Let's hang that picture alongside a much bigger picture on the same wall.

Agent phones client "Sorry Mr. Client, but the contractor has not been able to accept the contract."

There's always someone else who can do the same job to the level the client will accept. Anyone who thinks otherwise is deluding themselves even more than thinking they can get a handcuff clause removed from a contract.

[eek]

Let's paint this picture, the contractor has niche skills that are hard to come by in the market and the client is very happy with them. Would the agency be happy to piss off the client over something like this?

Yes given that the entire point of striking the clause out is to allow you to go direct and remove the agency's commission. Even then I suspect it wouldn't work - the agency may decide to strike the clause from your contract but there is less than a zero percentage chance they will strike it from the agency / client contract - and to perform the trick you wish to perform you need to do it across both contracts

[jamesbrown]

Complete aside, but I'm not sure why you're bothering with agencies if you have niche skills that are in-demand - just go direct.

[cannon999]

Yes given that the entire point of striking the clause out is to allow you to go direct and remove the agency's commission. Even then I suspect it wouldn't work - the agency may decide to strike the clause from your contract but there is less than a zero percentage chance they will strike it from the agency / client contract - and to perform the trick you wish to perform you need to do it across both contracts

But that's where agency regulations come in, no? There is only 8 weeks allowed

[ladymuck]

Yes but only where I was introduced to the agency by the client, not the other way round.

[northernladuk]

But that's where agency regulations come in, no? There is only 8 weeks allowed

Something else that's never been tested and makes absolutely no difference whatsoever. Again it will end in an argument regardless of the regs. In a vast majority of situations the status is incorrect and agencies don't fully understand them. They've not factored in any situation we've ever had on the forums so been no help whatsoever.