Restrictive Covenant ... more on this.

[suewood27]

Sue - can't the agency agree to a buy-out? Say a % of your margin, as happens when someone goes perm? Not condoning the agency's behaviour but just thinking of ways forward.

I'm not sure .. as far as I'm aware the agency wasn't prepared to negotiate at all .. they certainly didn't on my side of the contract (consultant/agency). I was 'told' that it was same story on the client side too.

[The Agents View]

But I didn't cancell the contract after a month .. the contract was originally for 6 months and got extended to 14 months. This is not me trying to 'cut out' anyone elses business, neither is the client trying to do anything under-handed. The situation is that because of government proposals and future changes to the business the client is not able to recruit externally, but still has a requirement for extra resources.

Then as I say, the client is the one with the problem here. I still need food and water on the table, but if I don't have any money because my wife has spent it all, then I can't walk into a supermarket and either help myself, or demand that the stock is sold to me at cost price - its the same thing.

Who is benefiting? Well actually, it's the agency industry generally. As the previous poster states, if the way you want things to work out happens, then it opens the flood gates in the entire industry. The sooner government/NHS people start thinking about their operation in business terms, instead of expecting everything for nothing, the better off the economy will be in general.

[suewood27]

Then as I say, the client is the one with the problem here. I still need food and water on the table, but if I don't have any money because my wife has spent it all, then I can't walk into a supermarket and either help myself, or demand that the stock is sold to me at cost price - its the same thing.

Who is benefiting? Well actually, it's the agency industry generally. As the previous poster states, if the way you want things to work out happens, then it opens the flood gates in the entire industry. The sooner government/NHS people start thinking about their operation in business terms, instead of expecting everything for nothing, the better off the economy will be in general.

The agency industry is not benefiting from this at all. As with all industry, there needs to be a level of public confidence for the industry to survive. This type of behaviour does nothing to aid in that. If the agent thinks they will get another 6 month contract from their tactics then they are sadly mistaken. And even Tesco will put on specials to keep their customers coming back!

[The Agents View]

The agency industry is not benefiting from this at all. As with all industry, there needs to be a level of public confidence for the industry to survive. This type of behaviour does nothing to aid in that. If the agent thinks they will get another 6 month contract from their tactics then they are sadly mistaken. And even Tesco will put on specials to keep their customers coming back!

Name me one business reason why the agency shouldn't enforce this clause - not from your perspective, but from theres.

You can't offer a volume of future business, you seemingly can't offer the opportunity to recruit for yourself (if you can, you might have a small chink of bargaining power) - so the only thing that the agency can see, is this opportunity to make money. The thought would be that this is the last knockings of a relationship which will have no interest in them past this.

If public confidence was key to the survival of the agency industry, it would have died as quickly as it took off. The key to the survival of the industry, is not being bent over by clients, candidates, and anyone who thinks that what we do, doesn't have a monetary value.

[suewood27]

Name me one business reason why the agency shouldn't enforce this clause - not from your perspective, but from theres.

You can't offer a volume of future business, you seemingly can't offer the opportunity to recruit for yourself (if you can, you might have a small chink of bargaining power) - so the only thing that the agency can see, is this opportunity to make money. The thought would be that this is the last knockings of a relationship which will have no interest in them past this.

If public confidence was key to the survival of the agency industry, it would have died as quickly as it took off. The key to the survival of the industry, is not being bent over by clients, candidates, and anyone who thinks that what we do, doesn't have a monetary value.

???? ummm, to retain good customer relations .... ? maybe the industry hasn't heard of that?

There is NO opportunity here for the agent to make money ... did you miss something in my earlier post??

[SueEllen]

suewood27 instead of arguing with The Agents View I suggest you go and get a legal opinion from a solicitor or preferably a barrister who specialises in contract law.

Whether the clause is enforceable or not depends completely on how it is written. If legal opinion is that the clause is unenforceable then you can get the lawyer to write a letter to the agents telling them where to go.

As a general rule your clause looks like it's too wide and for a too long period to be enforceable, but no-one can tell unless they have the entire contract in front of them.

[suewood27]

suewood27 instead of arguing with The Agents View I suggest you go and get a legal opinion from a solicitor or preferably a barrister who specialises in contract law.

Whether the clause is enforceable or not depends completely on how it is written. If legal opinion is that the clause is unenforceable then you can get the lawyer to write a letter to the agents telling them where to go.

As a general rule your clause looks like it's too wide and for a too long period to be enforceable, but no-one can tell unless they have the entire contract in front of them.

Thanks for that .. I'll go down that track and see what can be done.

[Old Greg]

I've spent my whole career (permie and contractor) in the NHS. I'll take the contract and then sub-contract it to you. OK, you don't know me so that's a non-starter, but find someone you do trust. IANAL - obviously.

[The Agents View]

???? ummm, to retain good customer relations .... ? maybe the industry hasn't heard of that?

There is NO opportunity here for the agent to make money ... did you miss something in my earlier post??

Of course there's an opportunity to make money. The client wants to buy something, which the agent has the legal rights to.

To retain customer relations? With a customer who is planning on never returning?

I say again, there is not a single business reason with any real substance, which would sway the agent to shift on this - so either sit down with the agent, and sort a deal, or accept that the government has screwed you. Again.

[Old Greg]

Of course there's an opportunity to make money. The client wants to buy something, which the agent has the legal rights to.

To retain customer relations? With a customer who is planning on never returning?

I say again, there is not a single business reason with any real substance, which would sway the agent to shift on this - so either sit down with the agent, and sort a deal, or accept that the government has screwed you. Again.

I have no problem about the agent's position. This is about how to screw the agent.