Invoking the substitution clause

[fidot]

Imagine signing Lionel Messi and getting Phil Neville.

You may be good, but you probably ain't the best in the world. In all likelihood, you are the best the client could find who was available at the time at the rate the client wanted to pay and who happened to register with the right agency.

I realise that people like to think of themselves as special. My skillset and experience is unique to me, but I'm realistic enough to know that I'm not the only person in the world who can fulfil a role. If you had turned the role down at interview, do you really think the project would have ground to a halt? No, the client would have found the next best who was available at the time at the rate the client wanted to pay and who happened to register with the right agency.

In other words, the client isn't so tied to the incumbent that nobody else will do. Understand that, have a good network, explain to the client professionally and cover off their concerns and you may well find that some will be prepared to accept substitution.

[SeanT]

Imagine signing Lionel Messi and getting Phil Neville.

Or buying a POWER8 frame and finding Linux on it....

The latter really doesn't sound too bad at all...

[stek]

Imagine signing Lionel Messi and getting Phil Neville.

Or buying a POWER8 frame and finding Linux on it....

[fidot]

Fixed. Good spot

[northernladuk]

I do mean substitutes.

AH OK.

Agency contracts may say things like holiday or sick days need to be agreed with agency first. Do you ever do that? I'd be surprised if you did.

Good point but must admit I do drop the a cursory note to mention it when I am.

I appreciate that there isn't one size fits all situations but the above is my experience of subcontracting on 3 separate occasions.

Eh???

[fidot]

I do mean substitutes.

In my experience the agencies don't give a toss once the time sheet is signed. If you try to discuss anything with them first they tend to put up barriers as they think it will be problematic for the end client.

Address the issue with the client professionally and there is no issue.

Agency contracts may say things like holiday or sick days need to be agreed with agency first. Do you ever do that? I'd be surprised if you did.

I appreciate that there isn't one size fits all situations but the above is my experience of substituting on 3 separate occasions.

[northernladuk]

I have used subs on a few occasions.
In my experience, it is best to sort it out directly with the client and only inform the agency as a courtesy after the work has been completed and you have a signed timesheet. This gives them no chance to screw things up for you.

Bearing in mind your contract is with the agency I'm not so sure this is the best method. You might have gotten away with it but not informing the party you are contracted to could end in tears.

When you says subs you mean substitutes and not sub contractors?

[fidot]

I have used subs on a few occasions.
In my experience, it is best to sort it out directly with the client and only inform the agency as a courtesy after the work has been completed and you have a signed timesheet. This gives them no chance to screw things up for you.

[northernladyuk]

Has anyone invoked the substitution clause? How did it work with the agency and client?
Any useful tips?

Haven't done it, but regardless of the contractual position, you would have to treat is as you would a sales process, not just advise them you're invoking the clause. The clause is the last thing you would do to give a contractual framework to permit what you have already agreed first with client, then with agency.

Unless of course you are invoking the clause as a nuclear option to get out of working notice, in which case get stuck in!

Interested to know the story.

[l35kee]

Has anyone invoked the substitution clause? How did it work with the agency and client?
Any useful tips?

Depends a lot on what your contract says about it?

Also, do you have another employee to put forward? Assuming they will have to be paid via your LTD, who will still be invoicing your client. What if the sub is terrible and client refuses to pay your Ltd, will you still pay the sub?

Stay and do it yourself, or leave imo..!

[northernladuk]

Very very few have. You realise you should be finding someone and getting them up to speed at your own time and cost. You should be offering someone that can step in for you. Not just another body that starts after you've left. Is it still an option for you?

[SandyD]

Has anyone invoked the substitution clause? How did it work with the agency and client?
Any useful tips?