slightly different handcuff clause question

[paul h]

Hi all,

I probably like most found this forum searching for answers to a contract problem, having searched nothing seems to answer this one so hopefully you could help out.

the basics of my problem are as follows.

I had an interview for a large oil and gas company setup by one of the agencies I am registered with, all went well and was offered the job the following day, rates were discussed and a start date was finalised.

The friday before I was supposed to start I got a phonecall from the agent saying could you start on tuesday instead of monday as we need to get something signed off first. No problem so I went to aberdeen ready to start on the tuesday, Monday I ring the agent to check everything is ok for me to start the following day and was told there was a problem, the agent will not sign the contract that the company has put forward and there is no way to make his happen therefore the agent will not be able to represent me at this company.

I ask the agent what this means for me and have been told "we will try and find you another contract" I rang the company HR dept and asked if here is still a position available for me to which they have said yes but here is the problem.

The agent will not allow the company to take me on through a different agent without having to pay them a finders fee, so even though I have no contract with the agency, the agency won't sign the contract with the company they are still not allowing me to go either direct or through another agent.

Is this even legal or are they just trying it on?

Thanks

paul

[Ignis Fatuus]

...
The agent will not allow the company to take me on through a different agent without having to pay them a finders fee, so even though I have no contract with the agency, the agency won't sign the contract with the company they are still not allowing me to go either direct or through another agent.

Is this even legal or are they just trying it on?

Thanks

paul

The agent will not sign the company's contract, and the company will not change the contract. Therefore the agency will not be able to put you or anybody else in there.
The agency may try to find you another contract, but you are not tied to them and are under no obligation to accept it.

Therefore the agency's financial loss if you take that contract through another agency = 0. Zero. Zip. Let them sue you for that if they want.

But will the company take you on? Or is it them who are being stopped from doing that by the agency. If so, I for one wouldn't be going anywhere with that agency in future.

[kingcook]

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

[paul h]

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

[northernladuk]

The way I read this is the agent is the blocker to the work, not the supplier. Tell him to **** himself and thank him for screwing you out of money that should now be in your pocket and then go do what you need to do to get the gig.

Bearing in mind you never actually sorted it how can he say he found you? Now this really is the agent taking the piss.

Why couldn't the agent sign it by the way? If it was the agent being arsey over some minute detail then I would be suing them for the costs you incurred. You have a proven loss so you are in a strong position. I would certainly find out exactly why the agency wouldn't sign as it could also help your case with this stupid handcuff.

The only problem you have now is the agency could make like so difficult for the client that they drop you and go for someone else which is a very strong possibility. Hopefully the client hates him as much as you do.

Try to speak to someone at the top of the chain at the agency and find out what is going on.

[northernladuk]

BTW, is this a permanent position or a contract one?

[paul h]

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.

[northernladuk]

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.

No contract then they found squat. Found you for what? A non existant role? They could possibly put dibs on you to protect their revenue stream. I am sure most courts would understand this and side with them in cases where there is a breach that costs them money but there is nothing here. They don't lose a penny as they don't stand to even make a penny.

Personally I would speak to the top guy at the agency and put it straight, no dicking about. If he doesn't have it I would be very tempted to a) try get legal advice quickly and b) look in to how to claim the costs back. I would love them to say that they cannot pay your costs as there is no contract or work. Talk about double standards lol.

[evilagent]

is the client contract unique to you, or a standard contract many other agencies accept?
if standard to all, then the agency is the sticking point, and ask them whats so special that they cant sign?
parenthetically, by imposing rules that other agencies accept normally, they may be restricting your chances of legitimately finding other work. (is that restrictive practice? I don't know)

even if they find another contractor for that same client, they still wont get the business unless they sign the client contract.

the longer they leave it, the more likely they will lose the role to another contractor from another agency, plus they might never get another chance with this client.

all of the above are in your favour.

[Wanderer]

The agent will not allow the company to take me on through a different agent without having to pay them a finders fee, so even though I have no contract with the agency, the agency won't sign the contract with the company they are still not allowing me to go either direct or through another agent.

Is this even legal or are they just trying it on?

It's a painful situation to be in.

I would have a chat to the agency and find out how much they want as a release fee. If it's excessive then I would try and talk some sense into them - no doubt the client/other agency have done this already though.

If they really won't budge then I would threaten them with legal action for restraint of trade to recover the losses to your business. This is a bit of a bluff and bluster, but what else can you do? The agency are clearly not able to do business with the client, yet they seek to prevent you from doing business too. That's not right.