NHS Contract

[chineseJohn]

I'm currently contracting at the NHS. The organisation I am at will cease to exist end of March.

If I am lucky (who knows...) that they would like to take me on in the new organisation - I am obliged to go through the agency I am with at the moment? or can I go it alone.

The new organisation will be a new legal entity. Same location.

Thanks for listening

[TheFaQQer]

What does your contract with the agency say?

What does the contract between agency and client say?

Are the client interested in taking you direct?

Did you opt out of the agency regulations, in writing, before being introduced to the client?

[northernladuk]

Same location means 24 month rule clock won't restart remember.... HTH

[BlasterBates]

I'm currently contracting at the NHS. The organisation I am at will cease to exist end of March.

If I am lucky (who knows...) that they would like to take me on in the new organisation - I am obliged to go through the agency I am with at the moment? or can I go it alone.

The new organisation will be a new legal entity. Same location.

Thanks for listening

You need to check the contract, and read it carefully. If it uses vague words like client then it might be unclear. Also it depends on whether the agency has a contract with this "entity" or with some other organisation that handles the purchase order, so throwing more mud into the situation.

The other thing you need to bear in mind is that the client won't agree a direct contract and hence more hassle because it's easier to deal with a few agencies, without a discount. This means you probably won't get the agents margin, more like 50%, and then depending on how much the agent's margin is it might not be as attractive as you think.

The other thing you need to bear in mind is that they won't pay on time like the agency does you'll have to chase them and they'll delay and delay. Also the paperwork for your extensions will get stuck in the works because that is something the agencies chase up so yours will get forgotten about.

Finally you'll have to the client yourself and negotiate any rate increases. Personally I find doing that with the agent is much much easier than having to go and be hardnosed and slightly nasty to the guy you work with on a daily basis.

[BA to the Stars]

NHS probably won't go direct - most Gov't stuff is placed through agencies.

[chineseJohn]

Well after 2 years the contract is ending because the PCT as of 31st March will no longer exist. In fact no PCTs will exist.

I have been offered a short contract with a social enterprise who are based nearby but did have some links with the PCT, where they procured some services from PCT.

Do you think I can go direct with these guys? Should I seek advice from a lawyer?

I've found this in my contract - "The Service Provider and its Directors undertake that they shall not and that they shall procure that the Consultant(s) shall not enter into
any agreement, whether directly or indirectly, to supply services of a similar nature to the Client or a subsidiary or associated company of the Client or to the Client’s clients, other than through the Company for a period of 12 months following the termination of the Agreement."

[cojak]

'Some links' mean nothing - they aren't the re-invention of the original PCT.

Don't worry about the contract, the links are too tenuous*. Just give the IT Manager a call and see what he/she says.

*I'm not a lawyer but that's what I would do in this situation.

[chineseJohn]

The development manager who I work for at the moment is happy to cut out the agency as he dislikes agencies.

He's just helping to broker the deal with this enterprise as I won't be working for him in the future.

[socialworker]

My thoughts are that as the social enterprise will be a completely different organisation, unless you have signed a new contract with the agency I cannot see how the agency can object to you going direct. They probably dont understand what is happening if any of the agencies I deal with are anything to go by. They can hardly hold you to working for a body that has ceased to exist.

I take it the new organisation will be a GP commissioning body - you would think they would be capable of commissioning you but you may find they are of the same public sector mindset and will want you to go through an agency because they will think it too risky. I currently am working at a SE that has been in existence for 18 months but lots of stuff is still undecided. You could try talking to someone who will be in HR in the new organisation. They may not have thought about contractors at all.

[chineseJohn]

thanks socialworker for taking your time to reply.

The SE is happy to direct contract and not bother with agencies.

Also I've just quoted short fixed price project with a CCG.

I agree it's unlikely the agency will understand the structure.. to be honest it takes me 10 minutes to explain to Joe Public the new structure!