Agency bought by another agency - renewal question

[funkyd]

I started a contract with agency A which was then bought by Agency B.

I had a renewal with Agency A which expires shortly. Agency B wants my next renewal to be a new contract directly with them - essentially starting from scratch.

Could I choose not to have a new contract and approach the client direct? Agency A is no longer a company and so surely cannot do anything about it?

Is the fact that I don't have a contract directly with Agency B sufficient?

Cheers

[Mailman]

Depends...have you opted out of the agency regs AND is there a clause in your contract that allows for the agents to be managed out of the relationship.

If you have NOT opted out and there is no clause that says anything about having to work for them for x weeks before you can go direct etc then you can go direct with the client at the end of your contract.

Word of advise, if you are being paid monthly do not tell the agents you are staying on. Tell them you are going on holiday or seomthing like that. This will stop the bastards from withholding any money they owe you.

On the other hand, if you have opted out then you are a ******* fool and deserve to be fleeced by these scumbags. Dont come crying to me because if you chose to opt out you are the architech of your own demise!

Mailman

[malvolio]

On the other hand, if you have opted out then you are a ******* fool and deserve to be fleeced by these scumbags.

Don't really understand this opt out thing do you, mailman...

[funkyd]

It's a chance to make my contract more IR35 friendly perhaps?

One thought is that I could use the 'new' contract to make the terms more favorable to myself.

As I already work at the client site I know the work that needs to be done so I could get the projects put into the contract perhaps?

I am actually doing work for three companies through the client so perhaps as part of the contract negotiation I could have one of the companies direct say for one day a week? That would also help my IR35 status as I would have two contracts on the go at the same time....

It could work out well as one of the companies is just starting up so I could effectivly start two new contracts at the same time....

Not sure how the agency would feel though.....

[Mailman]

Don't really understand this opt out thing do you, mailman...

I understand that if you opt out you are only asking for trouble

Mailman

[rootsnall]

There is quite a bit of info about the opt in/out regs on the web including the actual regs themselves and some legal opinion from a barrister if you search around. If you haven't specifically opted out ( have you !? ) then you are opted in and they do give you various rights that can overule restrictive clauses in your contract with the agency. Trouble is in practice if you try to go direct you'll need the client to be prepared to do battle on your behalf if things get nasty with the agent and I very much doubt they will. You'll probably need some legal expertise in what happens when one agency buys another !? You could always try and use the regs as a negotiating tool and see what you can gain in any renewal ( new contract !? ) but you'll have to be prepared for battle. Agents are good at playing hard ball, its part of their job and for them you are just one contract, for you its your main income so you are at a disadvantage unless you don't really care about the outcome of any wranglings.