Changing Agents

[crashbandicoot]

of coruse agency will have a clause in their contract with the client to prevent you working there directly or through any other agency.

you wouldnt expect to hire a car and then just have it for free at the end of the lease, would you??

the agency will do very little legally to you - especially in this situation as its not really your fault.

They have 2 options really, they can either place you through another agency and split the cut with them. this would allow you to still contract through your original agency, and the client would have a contract with their PSL agency.

Or if there is no sign of working with that client again for them, they will pursue them for a fee, usually 12 weeks worth of your daily rate. Unless they are tinpot and couldnt afford a court case.

[deckster]

Are you saying the agency may be able to stop the client employing me though another agency?

No, but they can kick up enough of a stink to make just letting you go the client's easiest option.

[Not So Wise]

Are you saying the agency may be able to stop the client employing me though another agency?

As you will have wording in your contract preventing you for working for client via alternative routes for X amount of time (generally this is 6 months but unless properly opted out, which is unlikely, it is really only 6 weeks), there will most likely be similar wording in the agency/client contract preventing them from hiring you via alternative routes for same time period

Now your "out" in this scenario is client will not longer deal with agency, something totally beyond your control, thus while you would be breaking the letter of the contract, agency would have no real come back against you as there would be no loss of income incurred by them by your actions, thus they could only really sue you for £0.00

The same would not apply in the agency/client relationship though, because it is the clients decision alone that would bring about scenario, thus it is a lot more complicated (and risky) for client to circumvent the contract in this manner. Sure if client has good enough lawyers they will probably win, but is any individual contractor really worth the risk, effort and cost?

Hence why most of time if they cannot reach some agreement with agency, clients normally say sod it and terminate contract and get another contractor

[malk]

Thanks for the replies.


As for the new agency, how do I decide which is best?
Steria, Hays, Parity, someone else

Any tips on maximising my rate in the transition, after all I'm bringing the client to the agency, I've built the relationship, this could be a foot in the door for them so surely I should get a bigger slice.

A coupe of things Steve, I used Hays and was lucky enough to have an exemplary contact in the company who still keeps in touch at a personal level even after over a year with a different agency. They paid invoices quickly and are the best of 3 agencies that I have used so far (the others are not on your list). A colleague used Parity and it seemed OK.
As for negotiating anything, I have never found this easy. Hayes handled a request for a pay increse on my behalf and the agency I was with recently were absolute rubbish. They hold onto money and when I found mysef a different contact with the same client and negotiated an increase they just complained and said that I should not be negotiating pay. I just told them to be quiet and said thet I found the job and I'd do what I liked. Due to the 90 day clause I still had to use them but would never do so again given a choice. They will have to remain unnamed but are not in your list.
I heard that BT cancelled all contracts a few years back and set up Hays (coincidentally) as sole supplier so there would have been many many ontractors that went through your issue. If your contractor forces you to 'lose' your job them they would have major court problems I suggest. Just get your new agency (e.g. Hays) to sort it out for you.
No agancy dare get a bad reputation !