End Client Contract

**Archangel** · 20 June 2008, 07:58

What does your current contract say? Any handcuff clause?
Are you opted out of the agency regs?

**rootsnall** · 20 June 2008, 08:08

Your contract will be with Agency 3 I presume ?

What does it say in your contract ? ( probably a 12 month exclusion clause )Did you sign an Opt Out when signing the contract ? ( if not the exclusion clause will be 8 weeks despite what it says in the contract )

Either way you won't be able to go direct for a minimum 8 weeks without the agency chasing you. Talk to the end client and talk to agency 3. The chain of agents will make things very messy come what may. I'm guessing it's either live with the current situ or walk away.

**NotAllThere** · 20 June 2008, 08:20

Set up a new ltd co, and go direct with the client.

**rootsnall** · 20 June 2008, 09:39

Originally posted by NotAllThere View Post

Set up a new ltd co, and go direct with the client.

I thnk you'll find the agencies aren't that dumb and it'll all be covered in the T&Cs to cover the 'consultant' also.

**blacjac** · 20 June 2008, 10:01

Originally posted by rootsnall View Post

I thnk you'll find the agencies aren't that dumb and it'll all be covered in the T&Cs to cover the 'consultant' also.

So if I got a permy job with IBM, who happened to have a contract with clientco, the agency could prevent me from taking the IBM job?

**Integrity** · 20 June 2008, 10:08

Originally posted by anish View Post

Hi Everyone,

I would like some advise please. At the moment i am a contractor for an outsourcing company.

This is the tree:-

End Clieint --> Outsourcing company --> Agency 1 -->Agency 2 --> Agency 3.

Their is a possibility of a contracting position coming up with the End Client. If i were to go ahead with this, would i have any implications against me, i.e can the outsourcing company take any legal action or anything like that against me?

I am thinking the answer to the above is No as i am a mere contrctor for my Agency.

I would like your advice please.

Many Thanks in Advance.

Which company is named as "The Client" in the contract?
Does the contact have any mention of "End Client", or simply that the "Outsource Company" project happens to involve "End Client"?

If "End Client" isn't named it could move well into Restraint of Trade, as "Outsourcing Company" could have 1000s of clients. If all your work is on "End Client" site then I suppose they have an argument to say you are cutting them out of the loop.

**SueEllen** · 20 June 2008, 10:08

Originally posted by blacjac View Post

So if I got a permy job with IBM, who happened to have a contract with clientco, the agency could prevent me from taking the IBM job?

Depends on what it said in the contract.

Some agencies don't have these clauses in the contract, others do.

It's always worth being on good terms with your agent and finding out what exactly is in the contract.

BTW IBM employ a load of lawyers so they look for things like that.

**NotAllThere** · 20 June 2008, 10:48

Originally posted by rootsnall View Post

I thnk you'll find the agencies aren't that dumb and it'll all be covered in the T&Cs to cover the 'consultant' also.

Never underestimate the dumbness (nor craftiness for that matter) of agencies.

Of course it depends precisely on the wording of all the contracts. However, the longer the chain of agencies and consultancies before you get to the end client, the greater the chance that the end client contract has no reference to the contractor, and that the contractor contract has no reference to the end client.

End Client Contract