Going direct with client (different position from agency)

[northernladuk]

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As most of the contractors working here are employed directly my ex boss doesn't have an issue hiring me directly which is great. I'm just concerned legally if i'm allowed to?

Someone needs a rethink their situation pronto....

[GillsMan]

You make a good point. I did think about the linkedin thing and what i'd say if my agency asks what my work status was.

It may be a risk i'm willing to take as i could undercut the agency rate resulting in a win win for myself and client both being better off.

I could possibly ask the client to list the role on their internal website and formally apply in my own capacity, may help my case slightly if the agency was to find out.

Bad idea, for all sorts of reasons, the main one being it looks underhand to ask a client to take time out to put a role on their internal website when their main intention is to give it to a contractor. There are so many reasons a half sensible client would reject that idea.

[Gti182]

What the posts should have made clear is where the handcuff is applicable. If you found a role internally that would normally go to the agent then the handcuff comes in to play as they are rightly protecting their business interest. If the role is with an area that the agency does not work in there would have been no chance for them to have made any money therefore the handcuff is meaningless.

Any handcuff has to be fair and reasonable to be enforceable.

That makes a lot of sense. Most of the contract positions here are recruited from the company's website directly. As mine was a specific specialist role they looked outside with agencies and happened to choose me.

[Gti182]

to update:

The agency had made an error with my rate for the current 4 week contract and have now reissued all the terms and conditions to resign online.

Taking the above into consideration should i opt in or opt out of regulation 32? Still not 100% sure what this relates to

[Gti182]

Someone needs a rethink their situation pronto....

not sure what you mean. by ex boss i mean previous boss

[DirtyDog]

Taking the above into consideration should i opt in or opt out of regulation 32? Still not 100% sure what this relates to

You should do whatever is the best for your business, based on a careful consideration of the facts and an understanding of what you are agreeing to.

If you cannot do that without strangers on the internet telling you how to run your business, then you deserve everything coming to you.

READ THE LEGISLATION. READ THE STICKY LIKE 74000 OTHER PEOPLE HAVE. ACT LIKE A BUSINESS FFS.

[Antman]

NLUK refers to permie ways of thinking coming through in the language we use, boss v. client, job v. assignment etc. and the effect this has on how you view contracting issues eg. ir35, emp rights etc.

[Gti182]

You should do whatever is the best for your business, based on a careful consideration of the facts and an understanding of what you are agreeing to.

If you cannot do that without strangers on the internet telling you how to run your business, then you deserve everything coming to you.

READ THE LEGISLATION. READ THE STICKY LIKE 74000 OTHER PEOPLE HAVE. ACT LIKE A BUSINESS FFS.

hmmm ok... pretty sure you not doing the forum any favours here with posts such as this especially to a new user.

NLUK refers to permie ways of thinking coming through in the language we use, boss v. client, job v. assignment etc. and the effect this has on how you view contracting issues eg. ir35, emp rights etc.

ah ok, my terms probably not by the book but you get the idea

[northernladuk]

ah ok, my terms probably not by the book but you get the idea

And so will HMRC when they come investigate your relationship with your employer/client.

If you are going to be a business at least start to think like one.

[SueEllen]

hmmm ok... pretty sure you not doing the forum any favours here with posts such as this especially to a new user.

He's telling you to use the forum properly.