Agency incompetence

[Burdock]

My agency are really incompetent- not sending new contracts on time, failing to make amendments after promising, taking a long time to perform admin tasks, and hardly ever returning my calls and emails.

I also know that my client is fed up with them as well, and I suspect will be dispensing of their services soon.

In the meantime, I would love to bypass the agency, and sign my latest contract extension directly with the client. Dealing with the agency has caused me to develop grey hairs and a raised blood pressure!

I know clients have to sign clauses promising not to engage me directly, but does anywhere know if this becomes invalid, or can be circumnavigated, if the agency is providing a poor service.

Has anybody just gone and signed direct with the client? How do agents find out about this, or can it be done in extreme circumstances?

Thanks for any tips!

[cojak]

I think you're going to need to wait for the client to jump first.

But others will give you more details...

[Bluebird]

this is the old "am I opted in or out" secnario - search for threads with opt in / out and you will find the answer you are looking for.


Rule of thumb though - don't piss off agents you may have to work with again.

[Burdock]

this is the old "am I opted in or out" secnario - search for threads with opt in / out and you will find the answer you are looking for.

.

Cheers Bluebird.

I did just that. So if I'm opted in, I can work directly for client. However, I assume the client is bound by the agency not to engage me. Is there anyway around this?

[Bluebird]

don't tell the agency...

[tim123]

Cheers Bluebird.

I did just that. So if I'm opted in, I can work directly for client. However, I assume the client is bound by the agency not to engage me.

No, if you are opted in such a clause in the agency/client contract is automatically void.

However, being opted in doesn't automatically mean that you can work direct for the client. It means that you can manage them out of the relationship on pre-defined terms.

tim

[Burdock]

No, if you are opted in such a clause in the agency/client contract is automatically void.

However, being opted in doesn't automatically mean that you can work direct for the client. It means that you can manage them out of the relationship on pre-defined terms.

tim

Thanks Tim. Can you explain a bit more about these 'pre-defined terms'. Is this something that should have been in the initial contract? So, it is too late now?

[rootsnall]

Look at the regs,

http://www.opsi.gov.uk/si/si2003/20033319.htm

If you are 'opt in' then these cover your T & Cs. They are readale-ish if I remember correctly, search for '8 weeks'.

If you search the web ( and old threads here ) there is lots of interpretation on the regs. You'll need your end user to apply any pressure though and be ready to do battle, its my guess they will back down when push coems to shove.

[tim123]

Thanks Tim. Can you explain a bit more about these 'pre-defined terms'. Is this something that should have been in the initial contract? So, it is too late now?

I guess that it should have been in the initial contract, but it is only the agency that loses if it isn't.

Basically, the agency is only allowed to charge a transfer fee for allowing the creation of a direct relationship, if they offer the alternative of a follow on contract on the same terms instead (after which the transfer can take place at no cost).

So if there isn't an alternative 'offer' in the contract then the requirement to pay a transfer fee is struck from the contract and replaced by no restriction.

tim

[Ted Crilly]

If the agency have been late in paying etc, then you may also be within your rights to terminate your contract with them on the grounds that they have not upheld their end of the bargain. However, before you do that, ensure that you have something from the client which states that they will re-hire you, via a different agency etc as you are unhappy with the current agency violating the terms of their contract (paying on time etc will be the biggie here).

Do that and then go direct or through another agency on payment terms only (they didn't do anything to find you or the contract after all did they?).

If the agency has other contractors on site they won't rock the boat too much for fear of losing all the others too. It'll probably help them straighten up with regard to the remaining contractors.

As an aside, I had a similar experience and the problems with paying etc were a forerunner to the agency going to the wall and many contractors lost money when that happened, those that jumped ship early - to other agencies) were o.k. and got paid in full.

HTH