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Going direct back to old client - how long can agency tie in for (NOT OPTED OUT)

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    #11
    Originally posted by psychocandy View Post
    Point being though whereas I might be free to do as I wish client may not. I can sign a contract now direct with any client I wish but this does not mean there is not something in the client-agency contract preventing them from doing so?
    Exactly that. Unless the client can get out of any restriction, you having a shorter restriction is irrelevant.
    Originally posted by MaryPoppins
    I hadn't really understood this 'pwned' expression until I read DirtyDog's post.

    Comment


      #12
      If you don't opt out then the maximum restriction is 14 weeks from the start or 8 weeks from the end of the contract (whichever is later). This is a statutory right, nothing in any contract with any party (other than an opt out by the worker) can change this. End of story.

      whereas I might be free to do as I wish client may not. I can sign a contract now direct with any client I wish but this does not mean there is not something in the client-agency contract preventing them from doing so?
      No, that is totally wrong. There are far too many bed wetters on this forum who would have us believe nonsense like this. I really don't know why people are so desperate to bend over and be shafted by agencies.

      Listen carefully folks. The law regulates the way an Employment Agency or Employment Businesses operates and it applies equally to the Agency's business dealings with the client as it does to the dealings with the contractor.
      Free advice and opinions - refunds are available if you are not 100% satisfied.

      Comment


        #13
        Originally posted by Wanderer View Post
        If you don't opt out then the maximum restriction is 14 weeks from the start or 8 weeks from the end of the contract (whichever is later). This is a statutory right, nothing in any contract with any party (other than an opt out by the worker) can change this. End of story.



        No, that is totally wrong. There are far too many bed wetters on this forum who would have us believe nonsense like this. I really don't know why people are so desperate to bend over and be shafted by agencies.

        Listen carefully folks. The law regulates the way an Employment Agency or Employment Businesses operates and it applies equally to the Agency's business dealings with the client as it does to the dealings with the contractor.
        Which is why agencies really, really want you to opt out......
        merely at clientco for the entertainment

        Comment


          #14
          Originally posted by eek View Post
          Which is why agencies really, really want you to opt out......
          One of several reasons.....
          Free advice and opinions - refunds are available if you are not 100% satisfied.

          Comment


            #15
            Originally posted by Wanderer View Post
            If you don't opt out then the maximum restriction is 14 weeks from the start or 8 weeks from the end of the contract (whichever is later). This is a statutory right, nothing in any contract with any party (other than an opt out by the worker) can change this. End of story.



            No, that is totally wrong. There are far too many bed wetters on this forum who would have us believe nonsense like this. I really don't know why people are so desperate to bend over and be shafted by agencies.

            Listen carefully folks. The law regulates the way an Employment Agency or Employment Businesses operates and it applies equally to the Agency's business dealings with the client as it does to the dealings with the contractor.
            100% sure on that? I thought it only applied to relationship between worker (contractor) and agency?
            Rhyddid i lofnod psychocandy!!!!

            Comment


              #16
              Originally posted by psychocandy View Post
              100% sure on that? I thought it only applied to relationship between worker (contractor) and agency?
              Did you read the regulations before you posted? (That's not actually a dig by the way because its like wadding through treacle)....
              merely at clientco for the entertainment

              Comment


                #17
                Originally posted by psychocandy View Post
                100% sure on that? I thought it only applied to relationship between worker (contractor) and agency?
                I had exactly the same thought - I've read the regulations a number of times before, in full, as well.

                However, looking around the web, there is a good summary on Freelance Advisor:

                Temp-to-perm fees and temp-to-temp fees
                • These can be charged as long as the hirer has first had the option to have the worker supplied by the Business for a set period of hire. After this the worker can transfer without a fee. There is no time limit for the extended period of hire. The worker must be provided for all of the set period for hire, unless the Employment Business is prevented from doing this for reasons that aren’t their own fault.
                • These can only be charged when the ‘transfer’ takes place within either 14 weeks of the start of the first assignment with the hirer or 8 weeks of the end of any assignment (whichever is the later date). Otherwise the end-hirer does not need to pay a transfer fee. If the worker has been on more than one assignment with a break of more than 42 days between assignment, the 14 week period starts again.
                I don't think it's a case of people bending over to appease agencies, or bed wetting - it's a common misunderstanding about the regulations.
                Originally posted by MaryPoppins
                I hadn't really understood this 'pwned' expression until I read DirtyDog's post.

                Comment


                  #18
                  Originally posted by eek View Post
                  Did you read the regulations before you posted? (That's not actually a dig by the way because its like wadding through treacle)....
                  no i aint :-)
                  Rhyddid i lofnod psychocandy!!!!

                  Comment


                    #19
                    Originally posted by northernladuk View Post
                    Words fail me.
                    Go on, give it a go.
                    Originally posted by MaryPoppins
                    I'd still not breastfeed a nazi
                    Originally posted by vetran
                    Urine is quite nourishing

                    Comment


                      #20
                      Originally posted by eek View Post
                      Did you read the regulations before you posted? (That's not actually a dig by the way because its like wadding through treacle)....
                      Yes, they are a bit of an insomnia cure.

                      The relevant part of the Agency Conduct Regulations is Section 10 which is entitled Restriction on charges to hirers and states that a restriction or temp-to-perm fee is unenforceable beyond 14 weeks from the start or 8 weeks from the end of the contract (whichever is longer).

                      And sorry for calling people bedwetters, I was having a bit of a grumpy moment.
                      Free advice and opinions - refunds are available if you are not 100% satisfied.

                      Comment

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