going back to old client site how to negotiate with agent

**northernladuk** · 4 June 2013, 11:32

Originally posted by Antman View Post

Hi all,

An old client reached out to me with the possibility of going back to work there for a project. For the contract I opted-out (ok,ok!) I'm still in the period of 'exclusivity' with that agency (9 months since I finished there).

I don't even know if the agency (a small outfit) are on the PSL still (me and another contractor put them on there) but I will probably have to deal with them if I go back there.

Has anyone got any tips on how to approach the agency? Obviously they didn't do any work finding the resource for the client this time but they would still be handling payments. I will know how much end client is offering to pay so that puts me in a stronger bargaining position (in theory!)

Also 24-month rule, I had a quick look into it, what a mess! I was working from home for the last 4 months of the contract (<40%) so does that mean that put me 13 months since going back or 9 months? (either way not 24 months so the clock is reset) One for the accountant I think.

Thanks

Firstly I would ask the client about the agency and PSL and what his take on it is. He may just tell you it will be with the old agency so nothing to worry about. He may offer you direct in which case you need to have a think. Personally I would go direct. Anything over 6 months is un-enforceable due to some basic right to work. 12 month is excessive and won't wash if it went legal. The agency also have to prove they are losing out and as the client offered you direct they won't lose anything so I would think about risking it if the rate uplift for direct was enough.
The only thing that might happen is the agency will throw a wobbler as they will believe they have dibs on you. If the client is willing to defend it then no problems.

The 24 month rule issue is pretty simple but there is one thing you might have missed... It is 24 months from when you KNOW you will be on site. Not 24 months to the day and stop claiming when you are still in contract. If the last extension took you over 24 months i.e. a 6 month extension after 19 months then you should have stopped at 19 months.. Anyway, the easy way to work this is to us the 40% rule. If you are at a location for more than 40% of the time over a two years rolling window you have to stop claiming. Should be easy enough for you to work out if you can claim and when to stop claiming.

**TheFaQQer** · 4 June 2013, 12:04

Originally posted by northernladuk View Post

Firstly I would ask the client about the agency and PSL and what his take on it is.

This is the important bit - the client may well have something more restrictive in their contract with the agency, which makes anything else a moot point.

If you have to go via the agency, then sort your rate out with the client first and then get them to batter the agency on what commission they should get for factoring the invoices.

**Antman** · 4 June 2013, 13:16

Thanks both for your advice, very useful indeed.

Incidentally for invoicing what sort of rate should they be looking at? 5%?

**SueEllen** · 4 June 2013, 17:30

Originally posted by Antman View Post

Thanks both for your advice, very useful indeed.

Incidentally for invoicing what sort of rate should they be looking at? 5%?

Depends.

What is the payment period offered by the client?

If the client pays within 14 days of the invoice (and few do) then as low as possible.

Most clients pay a month after receiving your invoice but some stretch to 90 days. There as you can get an agency to pay you weekly or monthly within a few days of submitting your invoice.

going back to old client site how to negotiate with agent