Initial contract with agency; then approached direct by client

[TheFaQQer]

Yes, it is a breach of the regulations and you should report them as detailed in this post.

I've done it before - can't remember the agency, though.

Make sure you take a screenshot of the advert if it's in there, so it can't be changed later.

[BlasterBates]

In my view there is no problem, and the agency should not expect any margin or payment. The agency is not offering any work and therefore it would be unreasonable for them to restrain you, regardless of what is in the contract. It would be a different matter if the agency was offering you an extension but you went behind their back to their client. In any case presumably the agency has now paid you in full so they can´t withhold payment.

Go ahead.

[Sausage Surprise]

How exactly would the agency find out?

[Antman]

How exactly would the agency find out?

Yes! Contract hand cuff clauses and that but are agencies able to have access to HR data? Allowed on site and do checks?

As long as the agency is not the only agency on the PSL I don't see how they can find out?

Maybe I'm missing something here?

edit: I'd assume that you don't twitter/fb/LI that you got boomed at a particular client.

[northernladuk]

Yes! Contract hand cuff clauses and that but are agencies able to have access to HR data? Allowed on site and do checks?

As long as the agency is not the only agency on the PSL I don't see how they can find out?

Maybe I'm missing something here?

edit: I'd assume that you don't twitter/fb/LI that you got boomed at a particular client.

How about they attend meetings with the client on site and you walk past them in reception?

Industry is too small to rely on not being found out IMO.

[Sausage Surprise]

How about they attend meetings with the client on site and you walk past them in reception?

Industry is too small to rely on not being found out IMO.

Fair point but I've only met an agent once in 8 years and 9 contracts.

[moggy]

Fair point but I've only met an agent once in 8 years and 9 contracts.

also the guy sitting next to you works through them, or the agent is well in with the manager.. as NLUK says its a small world and people do talk.

[Antman]

OK, it is a small world agreed so they do find out but then what?

They obviously don't bother taking the client to court (if they want to retain them as a client). Do they take you (an employee of your ltd) to court? Do they take the ltd.? How do they know you weren't subbing for someone?

For the agency they would need to have all the facts first before potentially expensive litigation, where do they get this from? You don't have to answer anything neither does the company.

However at the end of the day, if it all goes teats up, don't come after me, I just spout the first thing that comes into my head.