Same client but another project/depatment; can I get rid of the Agency

**northernladuk** · 4 December 2010, 18:41

Most contracts have an handcuffing clause which says you cannot work for the same client for x months after your contract with the agents ends. This is usually 3 to 6 months but can be up to 12 (although everyone believes this is unenforceable). You need to read your current contract very carefully and look for this. Hope I am not being rude but English doesn't appear to be your first language so get someone else to check for you as well. If you do have a handcuff clause it is going to be very difficult. You could do it by not telling the agent or get the client to tell the agent what they are doing but it is highly likely the agent will cause such a stink the client will walk away from you.

First job, re-read your contract backwards and forwards. Look for this clause. If it is no there you might be ok (although the agent will still cause a fuss). If it is in you might be a bit screwed

Also are you sure the client is talking about contracting you in direct? Are you sure they are not going to put you through an agent anyway?

**RichardCranium** · 4 December 2010, 19:12

Originally posted by northernladuk View Post

Are you sure they are not going to put you through an agent anyway?

Going direct is best because your LtdCo gets 100% of the rate. However, going through an agency does mean you take advantage of the factoring service, i.e. they pay on receipt of invoice rather than you waiting God-knows-how-long for the bank to pay.

If you do go through the agency, since YOU found the work, you should be going in with the agent taking a lower margin. Be tough about this and make it clear you will walk if they don't agree.

**Green Mango** · 4 December 2010, 19:22

Originally posted by RichardCranium View Post

Going direct is best because your LtdCo gets 100% of the rate. However, going through an agency does mean you take advantage of the factoring service, i.e. they pay on receipt of invoice rather than you waiting God-knows-how-long for the bank to pay.

If you do go through the agency, since YOU found the work, you should be going in with the agent taking a lower margin. Be tough about this and make it clear you will walk if they don't agree.

Your company get 100% of the rate, but if the client goes bust you get 100% of the lost fees.

I've worked for clients that have gone bust in previous recessions and it wasn't pleasant for the direct contractors.

**Wanderer** · 4 December 2010, 19:28

Originally posted by Sagara View Post

The question is; do I have right to leave my current agency? I could not find anything within my current contract with them which may prevent this. I will probably be able to ask an increase on my new contract as well since there wont be any agency in between.

So what would you guys do?

Like Northernladuk, I find it surprising that you don't have a restriction in your contract preventing you from returning to the client through another agency but perhaps the client insists that the agent doesn't do this? Have a really close read of your contract....

You may find that the Agency is a sole supplier to the bank and they will only deal with one agency. Also, they may not be willing to engage you directly for administrative and legal reasons.

It's definitely worth a try though, go for it! Just remember that the client will most likely be the one who decides how to engage with you. Also be aware that going direct can mean not getting paid promptly because the procurement departments are rubbish.

**d000hg** · 4 December 2010, 20:03

I know IBs are pretty giant and have loads of layers of bureaucracy but can you simply ask them? It may likely be the case the person wanting you on their project can't answer, but they might be able to find out - tell the relevant person/people "I want to hire X as a contractor, what do I do?"

Seems a little tough to be forced to use your agent if the contract ended and this is something different, but all you can do is read your contract... you might also say who your current agent is in case people here know what their contracts are like or what to look out for.

I always like to ask - what is it you do?

**nomadd** · 4 December 2010, 23:26

Originally posted by Sagara View Post

Hi All,

I have an interesting situation at the moment...[SNIP]

So what would you guys do?

The answers will probably be "no" and "no". It's extremely unlikely that the agency will simply agree to you transferring to another agency or going direct, and it's extremely unlikely an IB will take you on direct. Yes, you can ask, but the client probably won't want to get into a "spat" with the agency and vice-versa.

Best thing to do is ask, accept the rejection, and then take the position in the new part of the bank with your current agency. That way everyone is happy. And you may end up happier in the long-term too...

Take my situation: Did a 6 month stint with one IB and didn't get on with them at all; agency were OK about my complaints, but asked me if I could just "stick it out"? I did, and to their credit, they found me another role in a completely different IB 4 weeks ahead of the first contract coming to an end. I've been on that second contract for a year now, and it has been superb. Oh, and it pays 20% more than the first contract (which was pretty well paid anyhow.)

Sometimes, not peeing-off an agency with excellent IB connections can be to your advantage. Something worth thinking about.

**RichardCranium** · 4 December 2010, 23:53

Originally posted by nomadd View Post

Best thing to do is ask, accept the rejection, and then take the position in the new part of the bank with your current agency. That way everyone is happy. And you may end up happier in the long-term too...

But it MUST be at a higher rate and/or a lower agency margin.

**Sagara** · 5 December 2010, 19:02

You guys are right! After a careful, line by line reading I've found out that I am forbidden to go direct with the client for 6 months after the contract end. I guess I was just scanning the contract rather then reading it properly! (of course with the excitement of the rate increase...) They have even put some restrictions so I can't refer somone else to the client without their consent. Initially I got a bit excited since I knew the client works directly and I thought they might want to work with me directly since It would be an advantage for them as well. But it is a NO for me; I will negotiate with the agency for a decent increase though.

@d000hg; I am a software engineer with .Net skill set.

Many thanks for the replies and opening my eyes

Same client but another project/depatment; can I get rid of the Agency