Offered a move to permanent role - How do I deal with the agency

[TheFaQQer]

My contract with agency is silent on matter. I just have a Purchase Order for my time which has been extended 5 times i.e 5 lots of 10 days. No t&c's on back or attached. I'm just invoicing against a PO. Normally I work directly with clients with no Agency so this is new for me.

If you have no contract to prevent you going direct, then you are in the clear.

If there is something between the client and the agency which prevents the agency being bypassed then that issue lies with the client.

[vetran]

My contract with agency is silent on matter. I just have a Purchase Order for my time which has been extended 5 times i.e 5 lots of 10 days. No t&c's on back or attached. I'm just invoicing against a PO. Normally I work directly with clients with no Agency so this is new for me.

Client -> agency I don't know.

I was approached about it this morning.

This is unusual for me as I'm normally engaged for 12-18 months plus at a time with a clear deliverable. I've never used the agency before but was at a loose end after my last contract was going to take a couple of months off and was contacted by a friend of a friend who needed someone to step in at short notice. This isn't what agency normally do as they are nuts and bolts HR bods. Interview by phone on Wednesday am started Thursday am based on me being licensed and able to start to cover off an investigation.

and who the F*** is suity?

So the agency didn't find you the contract, they just provided payroll / invoice buffer at the request of the client?

it sort of changes the basis of an Agents reasonable request for payment for a placement, they expended time on the search.

I would recommend the client talks directly to the agent and discussed a reduced fee, e.g. take their permanent fee, deduct the agencies margin for the contract and charge the customer the rest. Normally permanent fees have a minimum stay requirement of 3 months so they are taking less risk.

as Wordismybond pointed out if they are willing to screw the agent then they won't hesitate to screw you - who can't afford lawyers. So if they continue beware.

sorry Suity is an in joke.

[Andy Hallett]

If you have no contract to prevent you going direct, then you are in the clear.

If there is something between the client and the agency which prevents the agency being bypassed then that issue lies with the client.

Correct.

[DijStra]

So the agency didn't find you the contract, they just provided payroll / invoice buffer at the request of the client?

it sort of changes the basis of an Agents reasonable request for payment for a placement, they expended time on the search.

I would recommend the client talks directly to the agent and discussed a reduced fee, e.g. take their permanent fee, deduct the agencies margin for the contract and charge the customer the rest. Normally permanent fees have a minimum stay requirement of 3 months so they are taking less risk.

as Wordismybond pointed out if they are willing to screw the agent then they won't hesitate to screw you - who can't afford lawyers. So if they continue beware.

sorry Suity is an in joke.

The deal was done on the basis that they were approached about finding someone and through a chance conversation ended up meeting me about 2 hours later. I was already known to the client but had not been approached as I hadn't been looking for something to do at the end of my previous contract. My time is being paid through the agency.

I've spoken with HR and the line manager, an exec director, and they are going to be above board with the agency though look to reduce the fee substantially. I've also let the agency know that they should expect the conversation about how I continue working with the client though I haven't give them details. In the mean time they have issued an extension for me for two weeks to given them some breathing time.

Agreed on ethical nature of business. The reason I'm here is that they regularly screw things like this and loads of other things up and have to either clean up or get there licences revoked and go out of business. I'm well known with the regulator and have been put into firms by them to oversee clean ups and investigations so screwing me would not be a good idea at a macro level. I'm just not a HR/Contracts person so short of paying my solicitor to advise me this seemed a good route to get some informal advice.

Thanks to you all.