Possible Boomed

[Sockpuppet]

Doing a presentation for Client Co (using a solutions I've devised) earlier today. I finish with current client co on Friday.

The ClientCo's prospective client said "I like the cut of your jib, how'd you like to possibly work for us!" etc.

Now ok the rate is the same, commuting is 40 miles more. Maybe able to squeeze £25 out of them but at the moment less of something is more than all of nothing (etc). Only a 120 mile round trip (Leicester-Stoke) compared to 40 miles door to door.

Now do you reckon the current agency is going to be upset at this - can't imagine a restriction of trade clause could cover clients clients. I do remember something like this but I think B&C had them take it out as its unenforceable.

What's the massed population say. Something I should worry about or something that I should just go for.

[BrilloPad]

What does your contract say? I bet it only covers the client....

BTW congratulations

[Durbs]

Only a 120 mile round trip (Leicester-Stoke)

I'd want £extra for working in Stoke though - what a tuliphole that place is.

[The Agents View]

I would bet it doesn't.

I would bet good money that it covers the client, and associated businesses.

How enforceable that is could be very contentious though. I would suggest looking into the option of your current agency payrolling you (ie paying your invoices) for about 5% - gives you some security as well - there are a lot of companies going under at the moment - choose a big agency and they have insurance for things like non payers, and it means that if the client is slow to pay, it's their problem - you've got your money.

I'm not advocating giving an agent money for nothing - but it does give you another layer of security, and will also appease any potential dispute.

Hope that helps.

TAV

[TheBigD]

Was in a similar situation a few weeks ago. Checked my contract and it said somthing allong the lines of...

"The client, and third parties directly introduced by the client"

...so I went through the agency. Not sure how enforcable this sort of clause is, but I negotiated a rate increase that I was happy with, the agent has been OK with me so it turned out OK in the end.

[Pickle2]

How would the agency ever know anyway?

[The Agents View]

How would the agency ever know anyway?

Because we're not as stupid as you think??

Have you ever heard people calling the switchboard and asking to be put through to people, then putting the phone down?? That's often agencies checking that their contractors aren't onsite having ditched the agency - in the last 4 weeks I have seen approximately £120,000 worth of legal action initiated because of this. Go direct at your peril, learn to use an agent that you trust, and don't shaft them - it's really that simple.

Think of it as you doing a supplier selection. Would you expect to do all the ground work, speak to countless suppliers, whittle them down to a couple, and then choose one for the business, get them through the procurement process, and then have your client tell you they're not paying your invoice because they've got the supplier now??

TAV

[Fred Bloggs]

But you are that stupid then. I've been back to clients after a year or more away and the client still held my old extension number, email address etc in their site directory. So by doing that tactic to check on me at those sites you'd have a "had a result" against me, but I'd not have been there.

[The Agents View]

But you are that stupid then. I've been back to clients after a year or more away and the client still held my old extension number, email address etc in their site directory. So by doing that tactic to check on me at those sites you'd have a "had a result" against me, but I'd not have been there.

No we're not - the clauses last for a maximum of 6 months. There would be little point in wasting time asking for you if we had no claim to any kind of breach of contract.....

[Sockpuppet]

How would the agency ever know anyway?

Becuase logistics is one of the most inbred industries in the UK. The work I do there are maybe 40 people that do it amongst 20 companies. They'd find out.

Because we're not as stupid as you think??

Think of it as you doing a supplier selection. Would you expect to do all the ground work, speak to countless suppliers, whittle them down to a couple, and then choose one for the business, get them through the procurement process, and then have your client tell you they're not paying your invoice because they've got the supplier now??

The Company shall inform <agent> promptly if at any time during the Contract Period or for 6 months from its termination (for whatever reason) the Company and/or the Executive directly or indirectly accepts any contract, either for services or of service, to perform any work of a similar nature to the Services for the Client, except in any such case through <agent>.

Looks like I am boomed!