slightly different handcuff clause question

[SueEllen]

its a contract position based onshore in offices for one of the large oil and gas operators.

The agents argument is they "found" me as they put me forward and organised for me to go to an interview.

The problem with the contract is something to do with a clause about insurances and who is responsible if I mess something up, according to the HR dept of the company they have over 80 different agencies who have signed this contract without an issue, this one are just being difficult.

If it's a contract role than it's the agency you and your company/umbrella eventually sign up with who are responsible. That agency will in turn chase your company/umbrella.

The original agency can go f*** themselves as they have agreed to nothing and so have lost nothing.

[kingcook]

The company are still happy to take me they are just wary of being hit with a finders fee from the original agent, when I spoke to the agent I was told they would want a minimum of 1 years money from them to allow me to go through a different agent.

having spoken the HR manager they seem to think the agent doesn't have a leg to stand on but is seeking advice from their legal dept before putting me through a different agent, for whatever reason they don't take people direct so will see what happens

thanks for your input

Putting the agent's rants aside, try to talk the client into going direct. PCG have some good contract templates you can use (you must be a member to download them, not expensive at all).

Sell yourself direct to them, they can save agency fees, and you both get to work together without some greedy tw@ sitting in the middle taking a chunk of £££ for doing fook all.

I managed to get a client to go direct once, they were uneasy about it at first but once i explained I'd get the contract drawn up by a professional (i.e. PCG) they were OK with it.

[Ignis Fatuus]

Putting the agent's rants aside, try to talk the client into going direct.

I'm not actually recommending it, but it does suggest an amusing cast-iron defence: go direct for what the agency would have billed. Keep what they would have paid you. Offer to pay the agency the difference, i.e. exactly what they would have made if they had signed the contract.

Now what do they have to complain about?

[kingcook]

I'm not actually recommending it, but it does suggest an amusing cast-iron defence: go direct for what the agency would have billed. Keep what they would have paid you. Offer to pay the agency the difference, i.e. exactly what they would have made if they had signed the contract.

Now what do they have to complain about?

Do not offer to pay the agency anything. Infact, ignore their phone calls/emails. This has nothing to do with them now.

[Ignis Fatuus]

Do not offer to pay the agency anything. Infact, ignore their phone calls/emails. This has nothing to do with them now.

you are right of course.

I wasn't serious, I was just amused to wonder how the agency could prevent you from doing the contract if you did that.

[TheFaQQer]

Putting the agent's rants aside, try to talk the client into going direct. PCG have some good contract templates you can use (you must be a member to download them, not expensive at all).

Sell yourself direct to them, they can save agency fees, and you both get to work together without some greedy tw@ sitting in the middle taking a chunk of £££ for doing fook all.

I managed to get a client to go direct once, they were uneasy about it at first but once i explained I'd get the contract drawn up by a professional (i.e. PCG) they were OK with it.

The only real downside of going direct is usually payment terms - I'm on monthly billing, 60 day terms at the moment

Of course, you could factor the invoices to get round that idea, though.

[Andy Hallett]

The agency cannot restrict you.

The agency can potentially claim a fee for 'introduction without supply', this will likely to be a large fee and will mean that the client will be put off hiring you.

[Andy Hallett]

How can the agency tie the client to the contract, when the agency haven't signed the contract?

The agency would have likely sent pre-incorporation terms which become binding upon the client requesting information.

HTH

[BlasterBates]

Agree with the all of the above the agency hasn´t fulfilled it´s side of the contract so it´s kind of null and void really. The only thing is that it must be clear that it if you do go through another agency that it wasn´t you who initiated this. So if you have something in writing from the agency to confirm this, this would be good. In the end only a lawyer can really tell you what the rights of the agency are in this case, might be worth a consultation given the potential sums being banded around.

[Andy Hallett]

Agree with the all of the above the agency hasn´t fulfilled it´s side of the contract so it´s kind of null and void really. The only thing is that it must be clear that it if you do go through another agency that it wasn´t you who initiated this. So if you have something in writing from the agency to confirm this, this would be good. In the end only a lawyer can really tell you what the rights of the agency are in this case, might be worth a consultation given the potential sums being banded around.

It doesn't matter if it is him.