Advice on Complex Situation

[timek]

I am fairly new to all of this so wanted some advise. So some background first. In a long contract, opt out signed, things going ok. 2 month later, the company I was contracting for has gone in to Administration, and my contract terminated by the agency. Now the end client is still looking to retain my services and were happy with the work.....

So now my questions is - what are my options to go via another agency and work for the end client?
- note i have opt out
- but have no contract now - however does that mean I am bound by the restricted convents?
- i am also not going to recieve payment for Jan - so not sure if that can be used to any advantage.

thanks

[northernladuk]

So the agency has gone in to administration? Or is there someone else in the chain? You mention company and agency?

[BolshieBastard]

I am fairly new to all of this so wanted some advise. So some background first. In a long contract, opt out signed, things going ok. 2 month later, the company I was contracting for has gone in to Administration, and my contract terminated by the agency. Now the end client is still looking to retain my services and were happy with the work.....

So now my questions is - what are my options to go via another agency and work for the end client?
- note i have opt out
- but have no contract now - however does that mean I am bound by the restricted convents?
- i am also not going to recieve payment for Jan - so not sure if that can be used to any advantage.

thanks

What!? Who has gone into admin, is it your brollie?

You say the company you were contracting for is in admin and the agency terminated your contract. So, its not the agent in admin? Yet the end client still wants you to work for them, so, they arent in admin either!?

[SueEllen]

More likely the consultancy in the middle has gone bust so the relationship was probably

contractor -> agency -> consultancy -> end client.

All I can say is get out your copy of your contract, read the sections on automatic termination and if you don't understand them copy and paste them here removing names.

[northernladuk]

I love the way people want advice on complex legal and contractual issues then give you next to no information and that they do give you is confusing. Really helpful

[SueEllen]

I love the way people want advice on complex legal and contractual issues then give you next to no information and that they do give you is confusing. Really helpful

The reason I thought "consultancy" was because of this

[Wanderer]

More likely the consultancy in the middle has gone bust so the relationship was probably

contractor -> agency -> consultancy -> end client.

In which case, the contractor is most likely out of pocket because of the opt out. If there were no opt out then they could still bill the agency and get paid for the work done.

[timek]

More likely the consultancy in the middle has gone bust so the relationship was probably

contractor -> agency -> consultancy -> end client.

All I can say is get out your copy of your contract, read the sections on automatic termination and if you don't understand them copy and paste them here removing names.

should have used your way of explaining - contractor -> agency -> consultancy -> end client.

1) consultancy gone

2) agency terminated contract - contract clause states in case contract between agency and consultancy is terminated, agreement shall terminate with immediate effect. No mention of any notice period etc.

3) Moving on to the end client via another consultancy or agency - and the contract has the following clause statement - the contract shall not enter into contract with client or 3rd party providing any services with similar nature during restricted period unless explicit written permission is obtained from xxxxxxxxx.

A weird thing i noticed the contract itself is directly with the consultancy and doesnt state end client. It does say the services provide is to end client and mentions their name.

[timek]

In which case, the contractor is most likely out of pocket because of the opt out. If there were no opt out then they could still bill the agency and get paid for the work done.

Problem is how go about this long term as even though contract is no existent now and money still owed, I still will not be allowed to contract to the client directly or via another agency.

[timek]

contractor -> agency -> consultancy -> end client.

- consultancy gone
- agency / contract terminate - they have a clause
- end client would like to retain services, cannot seem to work for end client due to restrictive clause in the contract