OK - this is going to seem like a bit of a weird one for you all - but there are alot of people here who have a better grasp of standard law within the interim management world (and probably a heap more who think they do) - so I'm really asking for their help here.
Just before I explain, my goal here is not to line my own pocket. It's partially revenge, but mainly it's to redress what I feel is a very very unfair equation. It's fair to say it would do my PR within a major organisation a whole heap of good as well, which may or may not lead to future business - who knows - so don't believe for a second that there's nothing at all in it for me - but I'm not out to make a quick buck here.
Anyhow - here's the deal.
Contractor, on site through the same agency for nearly 5 years. This is not a debate about whether he's a disguised permie though - so none of that rubbish please! Client extends regularly, agency CREAMS the margin (23% MARGIN - on a £700 day rate - that's right - £209 PER DAY).
Essentially, agency does to** all for this. They don't bother to check the candidate - they don't bother to even process the paperwork for renewals on time.
Then the worst happens - Contractor runs out of contract, and client goes bannanas.
In order to resolve the situation, and keep the contractor on board (embedded in MASSIVE projects) the situation is escalated, where management deem that after 5 years, they can expect a much better rate than 23% margin, and say that they will retain the day rate, but will no longer cover the contractors hotel costs (which they manage directly....again, this is not a debate about his/her tax affairs) - but that on that basis, the agency should be able to at least partially cover the hotel costs (£70 per night) out of their margin.
Agency point blank refuses to do this....to the point of screaming at the client and contractor. Client vows said company will never get any business from them again - this is all good in my eyes. Contractor, is OPTED OUT.
So - under what circumstances, could the contractor remove the agency from the loop, and retain the client, without a whole heap of legal challenges? The cost of "buying out" the contract according to the terms, would be prohibitive (£23,000).
Now naturally, if the solution involved bringing me in as a replacement agent - I'm fine with that - but this is not my goal - this guy is someone who I placed in that role 5 years ago, and with whom I have retained an extremely strong relationship - I just want to get him away from the agency he's with (and perhaps right a wrong, that I can't help but feel a little responsible for), without jeapordising his future contracts with them. It would also make the client feel alot happier as well!!
So ....suggestions welcomed. I appreciate this is a bit backwards - normally its you lot upset that an agency is screwing you.....sometimes though, even agents fight for something based on their principles, regardless of money.....If any of you can help - I'd appreciate it......
Just before I explain, my goal here is not to line my own pocket. It's partially revenge, but mainly it's to redress what I feel is a very very unfair equation. It's fair to say it would do my PR within a major organisation a whole heap of good as well, which may or may not lead to future business - who knows - so don't believe for a second that there's nothing at all in it for me - but I'm not out to make a quick buck here.
Anyhow - here's the deal.
Contractor, on site through the same agency for nearly 5 years. This is not a debate about whether he's a disguised permie though - so none of that rubbish please! Client extends regularly, agency CREAMS the margin (23% MARGIN - on a £700 day rate - that's right - £209 PER DAY).
Essentially, agency does to** all for this. They don't bother to check the candidate - they don't bother to even process the paperwork for renewals on time.
Then the worst happens - Contractor runs out of contract, and client goes bannanas.
In order to resolve the situation, and keep the contractor on board (embedded in MASSIVE projects) the situation is escalated, where management deem that after 5 years, they can expect a much better rate than 23% margin, and say that they will retain the day rate, but will no longer cover the contractors hotel costs (which they manage directly....again, this is not a debate about his/her tax affairs) - but that on that basis, the agency should be able to at least partially cover the hotel costs (£70 per night) out of their margin.
Agency point blank refuses to do this....to the point of screaming at the client and contractor. Client vows said company will never get any business from them again - this is all good in my eyes. Contractor, is OPTED OUT.
So - under what circumstances, could the contractor remove the agency from the loop, and retain the client, without a whole heap of legal challenges? The cost of "buying out" the contract according to the terms, would be prohibitive (£23,000).
Now naturally, if the solution involved bringing me in as a replacement agent - I'm fine with that - but this is not my goal - this guy is someone who I placed in that role 5 years ago, and with whom I have retained an extremely strong relationship - I just want to get him away from the agency he's with (and perhaps right a wrong, that I can't help but feel a little responsible for), without jeapordising his future contracts with them. It would also make the client feel alot happier as well!!
So ....suggestions welcomed. I appreciate this is a bit backwards - normally its you lot upset that an agency is screwing you.....sometimes though, even agents fight for something based on their principles, regardless of money.....If any of you can help - I'd appreciate it......
Easy money.
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