Client new T's & C's forces agency to withdraw.

[FrontEnder]

VWDan is correct - if they cannot supply you becaue they have dropped off the PSL, then there's no loss to demonstrate, which is the crux of the handcuff clause. The key is the timing imho; you need to get confirmation in writing from your agency that they are no longer able to represent you after your contract completes (or does it finish earlier?). Once this has been confirmed, you can then approach the client to either go direct or ask them to introduce you to a different agency. Note that you *might* end up with a surprise as to what margin your old agency was on....

Which would make a great opportunity to increase your rate. Easy money for the new agency, so they should be doing it at a bare minimum.

Even better if clientco has several agencies on their PSL. If the first one doesn't accept, the next one will

[LondonManc]

VWDan is correct - if they cannot supply you becaue they have dropped off the PSL, then there's no loss to demonstrate, which is the crux of the handcuff clause. The key is the timing imho; you need to get confirmation in writing from your agency that they are no longer able to represent you after your contract completes (or does it finish earlier?). Once this has been confirmed, you can then approach the client to either go direct or ask them to introduce you to a different agency. Note that you *might* end up with a surprise as to what margin your old agency was on....

[GillsMan]

Probably worth mentioning that a 12 month handcuff clause is generally seen as unenforceable as well (though not definitively) due to the length of time. 3-6 months is more reasonable.

[Lance]

If they don't want to continue, they are breaking the commitment they have with you, logically I think you have the right to jump out.

Contractually that has no bearing at all.

[Lance]

he would like to extend me again but they cannot do so because they can no longer deal with the agency I am with.
I would very much like to continue.

It's really up to the client to handle the situation with the agencies.

As others have said 'no loss = no claim' so it's almost certainly not enforceable, but it's not really your problem (or shouldn't be) and any decent client's HR department will be all over this.

[ASB]

This doctrine may be of use/relevance.

https://en.wikipedia.org/wiki/Frustr...in_English_law

[SueEllen]

Thanks for the comments.

It seems to be as I thought, but its good to get other opinions.
I like the suggestion of getting a lawyer involved just in case, having never used one before for this type of thing, any suggestions of a good one would be welcomed.

There are articles written on the main site by lawyers particularly in the section contractor's questions.

[WTFH]

It would also be useful if you can get something in writing from the agency saying that they are no longer dealing with that client.
The client might be telling you that the agency has refused to sign, but the agency might tell you they are "in discussions", while trying to play hardball with the client.
Also, if you are just going on the client's word , the agency may claim that you have been discussing their contract with the client, say that you are in breach and threaten to sue you for loss of earnings.

So yes, get a lawyer, yes you should be OK, but try to get things in writing (email will do) from the agent. If they insist on only responding by phone, you'll know that they are up to something.

[kaiser78]

Why not progress with another agent who would accept the T/Cs to renew wit,h on the basis that the handcuff clause would be null and void now ? Is there only one agency on the PSL for example ?

[sdb]

Thanks for the comments.

It seems to be as I thought, but its good to get other opinions.
I like the suggestion of getting a lawyer involved just in case, having never used one before for this type of thing, any suggestions of a good one would be welcomed.

Thanks again.

[Bee]

Hi all,

I wonder if you would give me your opinion of the situation I find myself in;

The end client I work for has recently merged with another company and is in the process of adopting the larger companies processes and procedures, including the T's & C's for its suppliers that deal with the contracting staff. The agency I am with has refused to accept these new terms. Therefore they will no longer be able to supply new contractors or extend the ones they already have on-site.
My contract comes to an end in 6 weeks time and I have been told by the Project Lead that he would like to extend me again but they cannot do so because they can no longer deal with the agency I am with.
I would very much like to continue.
I do know the names of the other agencies that have accepted these terms and I could move to one of those. However, I am concerned over the 'handcuff' clause in my current contract that prevents me from returning to the same client within 12 months.

Would this be unenforceable by my agency on the basis that they can no longer provide me access to the client via themselves?

Thanks in advance for some wise words.

If they don't want to continue, they are breaking the commitment they have with you, logically I think you have the right to jump out.

[northernladuk]

VWDan is correct. They can't enforce a handcuff for no other reason to stick two fingers up to the client or you. It's not enforceable as they cannot prove loss. They have decided to not continue business with the client so their relationship ends.

Apply to the new agent and be happy.

[vwdan]

I can't see anyway it would be enforceable - they're going to suffer no loss whatsoever due to you moving, so what are they going to say in court? I'd be getting hold of the PSL yesterday and getting in touch with alternative agents today.

[SueEllen]

In general the consensus on this forum is "No" but you can get an agency threatening you with legal action.

If you desperately want the contract I would contact a contract lawyer now. If you have contacted a lawyer before it happens for advice and you need them to write a letter, it will be cheaper than contacting them after the agency threatens you.

The other alternative depends on whether you know the person who deals with contacts at the client. If you do and know they are the type to stand up to agencies then go and talk to them.

[sdb]

Hi all,

I wonder if you would give me your opinion of the situation I find myself in;

The end client I work for has recently merged with another company and is in the process of adopting the larger companies processes and procedures, including the T's & C's for its suppliers that deal with the contracting staff. The agency I am with has refused to accept these new terms. Therefore they will no longer be able to supply new contractors or extend the ones they already have on-site.
My contract comes to an end in 6 weeks time and I have been told by the Project Lead that he would like to extend me again but they cannot do so because they can no longer deal with the agency I am with.
I would very much like to continue.
I do know the names of the other agencies that have accepted these terms and I could move to one of those. However, I am concerned over the 'handcuff' clause in my current contract that prevents me from returning to the same client within 12 months.

Would this be unenforceable by my agency on the basis that they can no longer provide me access to the client via themselves?

Thanks in advance for some wise words.