First timer - Dual agents for same contract - how to remove one?

[TheFaQQer]

It's really up to the two agencies to come to some agreement over this. Of course agency A isn't going to give you away for free, are they.

Also check your "opt out" status. If you didn't opt out then you can take an 8 week break from the contract (long holiday, do a short contract elsewhere, whatever) then return to the client contracting through agency B and there is nothing agency A can do to stop you.

Assuming that there is nothing in the contract between agency A and B which prevents this without payment. That's a BIG assumption to make, though.

[malvolio]

There's a fair chance that are Agency A aren't an agency at all but an RPO, effectively outsourcing the client's HR team. Agency B are there to supply contractors for them.

As has been said, we have an incomplete picture of the reality on the ground.

[Taita]

Thanks GazCol - useful advice. Agency B have given me their exact margin info (as they have fixed arrangement with client) and I know the client rate (helpful client manager) so from these I can calculate Agency A's margin - its sad but the agent 'B' who does the most for me gets very little margin for their trouble - whereas the sub-agent 'A' who does virtually nothing gets the lion's share.

Agency B are very keen for me to go direct with them (probably because they know the removal of 'A' would mean they wouldn't have to give up any margin themselves) - but provided I get a settlement signed off with 'A' first.

Thanks.

You are overlooking the fact that Agency B do not have a contract with the client. To supply you by circumventing Agency A would put Agency B in breach of the contract with Agency A.

They may make sympathetic noises but it is extremely unlikely that they can cut out Agency A with impunity. Your crybaby/sour grapes attitude gives contracting a bad name.

As others have said - negotiate or walk! Don't feel sorry for Agency B when you ask for more, but as Mal has said what have you done to deserve it? Do not kid yourself that Agency A will settle for a %age. Why should they when you are so replaceable?

[Wanderer]

Assuming that there is nothing in the contract between agency A and B which prevents this without payment. That's a BIG assumption to make, though.

Even if the restriction is in the contract, The Agency Conduct Regulations prevents it from being enforced if the worker didn't opt out. Remember that this legislation regulates the Agency in all their dealings, not just their dealings with the worker.

[thunderlizard]

NB - I am prepared to walk at the end of the current contract if I can't get Agency A to agree.

If that's the case, then just make sure both the client and Agency B understand this. If the client decides you're worth it then they'll do what it takes to keep securing your services, and Agency B will do likewise to keep securing their margin. If they don't, then off you pop.

[malvolio]

Even if the restriction is in the contract, The Agency Conduct Regulations prevents it from being enforced if the worker didn't opt out. Remember that this legislation regulates the Agency in all their dealings, not just their dealings with the worker.

What has that to do with the contract between Agencies A and B then? Nobody's saying the OP can't work, so exclusion clauses are irrelevant. And if you wave the Agency Regs around, there is a minimum 8 week window in there anyway and it's only limiting the period in which the agency can apply a charge for the move, it's nothing to do with the restriction itself, nor any other overarching contractual agreements.

[Wanderer]

What has that to do with the contract between Agencies A and B then? Nobody's saying the OP can't work, so exclusion clauses are irrelevant.

I think everyone agrees that it's almost certain that the OP won't be allowed to stop working for agency B and start working for agency A without some sort of payoff to agency B.

I was just saying that it could be possible for a non opt-out contractor to threaten the nuclear option whereby they take an 8 week break and then return to work for the client through any agency they choose thus removing agency B from the relationship whether they like it or not.

[malvolio]

I think everyone agrees that it's almost certain that the OP won't be allowed to stop working for agency B and start working for agency A without some sort of payoff to agency B.

I was just saying that it could be possible for a non opt-out contractor to threaten the nuclear option whereby they take an 8 week break and then return to work for the client through any agency they choose thus removing agency B from the relationship whether they like it or not.

In theory yes. In practice - how many clients will let a needed contractor disappear for a couple of months just to rearrange a contractual chain that is of no interest to them, I wonder? Incidentally, the clause in the Regs is about moving from temp worker to perm employment, not about changing the contract.

[Wanderer]

In theory yes. In practice - how many clients will let a needed contractor disappear for a couple of months just to rearrange a contractual chain that is of no interest to them, I wonder?

Good point, though I've taken 5 or 6 weeks off mid contract. Every one would be different though.

Incidentally, the clause in the Regs is about moving from temp worker to perm employment, not about changing the contract.

I was thinking of section 10(4) of the agency conduct regulations which refers to the following situations:

(a)taking up employment with the hirer;
(b)taking up employment with any person (other than the hirer) to whom the hirer has introduced him; or
(c)working for the hirer pursuant to being supplied by another employment business,

[DynoDad]

Don't try to second guess how much the agency will want - ask them. It's just business, it's all about the numbers, and they don't care if you work for them or anyone else, so long as they get paid. And there's nothing wrong with that.

You know how much the agency will from your renewal over the contract period, and the amount they will want will be more than that if there's a prospect of a further renewal, possibly double. That's not unreasonable, there has to be something in it for them to let you go, otherwise they're better off saying no. They have little involvement with the actual contract so there's not much cost in keeping you.

Your threat to walk if they don't agree won't carry much weight if you're in a role where they can easily replace you (with someone less troublesome ) so factor that into your decision whether to make that threat or not.

It's a simple equation then, will you make more by paying off your current agency and going with the one higher up the chain? The trouble is you have to take a guess on how long the contract will run to really answer that question.

I bought myself out of an agency contract about 8 years ago to go direct with the client (Ltd Co). The company paid a year's worth of commission to agent to buy me out, I got a small increase in rate, and the company saved money because they weren't paying the rather large commission the agency was taking. In the end I stayed a further three years until the end of the contract so it was a good decision all round. It may be that the top level agency would be happy to buy you out of your current contract on the same basis, just depends how forward looking they want to be.