changing agent and client without leaving the building

[Support Monkey]

Hello to one and all, been hanging around here for a few years and now just looking to to get some learned opinions on my current situation.

I am Ltd Co going through agency, been on a nice steady little number for the past year in the public sector, just hiding away until the current storm passes.

Public sector client has just outsourced all its IT function to large outsourcing company, outsourcing company has preferred agency (not the agency i am currently supplied through)

Current agency contract has the following clause in it.

""The contractor or its staff shall not supply services directly or through any other person, firm or company,to any client for which it has carried out assignments either during the assignment or for a period of six months from its conclusion""

If i was to change to the preferred agency or even better go direct with the outsourcing company would i fall foul of this clause, as i see it either way i would be supplying to the outsourcing company and not the public sector client so this clause would no longer apply.

Any thoughts!!!

[CheeseSlice]

Sounds like your current agency is going to lose the gig to the outsourcer even if you sat back and did nothing. If so it would be fair game for you to go either direct with outsourcer or thru their preferred agency IMO. I'd like to see them try to enforce their clause in that situation.

[nomadd]

Hello to one and all, been hanging around here for a few years and now just looking to to get some learned opinions on my current situation.

I am Ltd Co going through agency, been on a nice steady little number for the past year in the public sector, just hiding away until the current storm passes.

Public sector client has just outsourced all its IT function to large outsourcing company, outsourcing company has preferred agency (not the agency i am currently supplied through)

Current agency contract has the following clause in it.

""The contractor or its staff shall not supply services directly or through any other person, firm or company,to any client for which it has carried out assignments either during the assignment or for a period of six months from its conclusion""

If i was to change to the preferred agency or even better go direct with the outsourcing company would i fall foul of this clause, as i see it either way i would be supplying to the outsourcing company and not the public sector client so this clause would no longer apply.

Any thoughts!!!

Depends on the client. If they don't like the potential legal comeback on them, they might stop the whole thing dead in it's tracks. Most times I've seen contractors in this position, the client has refused to keep the contractor due to potential legal implications - whether they are actual or not. Might be best discussing this with the client before you take it any further.

I've only ever switched once like this, and that was only because the client was a very large financial outfit and put pressure on all the newly non-preferred suppliers. The first thing I knew about any of it was my existing agent phoning me up and explaining the situation (mind you, they had been "paid off", so they weren't that fussed...)

Nomadd

[BolshieBastard]

Hello to one and all, been hanging around here for a few years and now just looking to to get some learned opinions on my current situation.

I am Ltd Co going through agency, been on a nice steady little number for the past year in the public sector, just hiding away until the current storm passes.

Public sector client has just outsourced all its IT function to large outsourcing company, outsourcing company has preferred agency (not the agency i am currently supplied through)

Current agency contract has the following clause in it.

""The contractor or its staff shall not supply services directly or through any other person, firm or company,to any client for which it has carried out assignments either during the assignment or for a period of six months from its conclusion""

If i was to change to the preferred agency or even better go direct with the outsourcing company would i fall foul of this clause, as i see it either way i would be supplying to the outsourcing company and not the public sector client so this clause would no longer apply.

Any thoughts!!!

You shouldnt have a problem because the client is requiring the move to its preferred supplier.

Happened at my current client to some contractors who had to move from spring to CP.

All the contractors who were through Spring are still on site.

If the client wants it and your current agent bellyaches, go direct to the client co contact. They just want a smooth transition and not being pissed about by agents......... normally!

[Support Monkey]

Thanks for the reply's,

Interesting point Nomadd, the outsource company may not want the hassle of checking the client agency contract for a few contractors and just bin us all to make a clean break of it.

Certainly the current agency is going to lose the gig but on the plus side I have a good relationship with the current client and they want to keep me if they can so i have nothing to lose by approaching the outsourcing company to see if a deal can be done and the client has suggested i do just that so i will let you know what happens