Reply to: Going Direct

[billybiro]

TL;DR

Can anyone summarize for me?

TL;DR is:

Should I worship the ground a greedy agency walks on even though the same agency would gladly stab me in the back?

[northernladyuk]

And yet if it had less info, you would twist "there's not enough info".

What a helmet you are.

Aye.

[Mag]

TL;DR

Can anyone summarize for me?

And yet if it had less info, you would twist "there's not enough info".

What a helmet you are.

[Scruff]

There is no signed agreement between the agency and client - though the client has had visibility of the contract at least.

I've dropped the client a message on LinkedIn offering some advice if they're in dire straits about a decision. I'll see where it goes, simple as that. Still applying for other roles so it's not the end of the world.

You DON'T NEED A SIGNED CONTRACT. I wouldn't offer them any advice, if I were you? Get a Lawyer if you need legal advice.

IANAL.

[Spikeh]

Common Law will not provide this - this will be defined in the RtR (if it isn't then it will be within the Upper Agreement between the End Client and the Agency - you will not be party to this).

Move on and find another role.

There is no signed agreement between the agency and client - though the client has had visibility of the contract at least.

I've dropped the client a message on LinkedIn offering some advice if they're in dire straits about a decision. I'll see where it goes, simple as that. Still applying for other roles so it's not the end of the world.

[Scruff]

This is the kind of response I was looking for - and what I suspected! Any idea if common law states how long I would have to wait until I could work with the client directly?

Common Law will not provide this - this will be defined in the RtR (if it isn't then it will be within the Upper Agreement between the End Client and the Agency - you will not be party to this).

Move on and find another role.

[WordIsBond]

Perhaps 3 months, general rule of thumb is that beyond 6 months would be unenforceable and you've signed nothing so even that would be unlikely. Practically, if the client tells the agency they aren't going to use them and then contacts you a month later, it would be hard for the agency to claim they've suffered loss.

Alternatively, you or the client or the two of you together could offer the agency a sum to drop out of the picture. I did this a couple times back in permie days. If the offer comes from the contractor, the agency probably says forget it unless it is a lot of money. If the offer comes from the client, the agency probably says that they'd like to keep their relationship with that client, and is more open to negotiate.

[Spikeh]

You were introduced to the End Client, via an Agency.
You have not signed /returned the Right to Represent, however, your actions have put that into effect (introduction / having attended the interview / had discussion with the Agency).
The End Client and the Agent haven't agreed that the Agent represents the role - this is uncertain, since the End Client has interviewed you, after you were introduced by the Agent. The term of the arrangement between End Client and Agency is none of your concern.

You are bound by the terms of the RtR and cannot go direct, without the terms of the RtR being complied with.

Contract Law / Common Law doesn't require a written acceptance for a contract to come into force in this instance.

This is the kind of response I was looking for - and what I suspected! Any idea if common law states how long I would have to wait until I could work with the client directly?

[Scruff]

You were introduced to the End Client, via an Agency.
You have not signed /returned the Right to Represent, however, your actions have put that into effect (introduction / having attended the interview / had discussion with the Agency).
The End Client and the Agent haven't agreed that the Agent represents the role - this is uncertain, since the End Client has interviewed you, after you were introduced by the Agent. The term of the arrangement between End Client and Agency is none of your concern.

You are bound by the terms of the RtR and cannot go direct, without the terms of the RtR being complied with.

Contract Law / Common Law doesn't require a written acceptance for a contract to come into force in this instance.

[northernladuk]

Your dad.

[northernladyuk]

Maybe. Might drop him an email just saying thanks and fishing a bit more actually.

Sounds about right. Keep the conversation going and make it easy for them to say Yes. Normal stuff.

[northernladyuk]

Who hasn't?

Your dad.

[northernladuk]

The OP has done your mum.

Who hasn't?

[Spikeh]

Depends how cheeky you feel. How about sending your standard contract template across to the client with the rate in there, and mentioning that of course you're open to a discussion about terms or looking at their standard contract template.

Maybe. Might drop him an email just saying thanks and fishing a bit more actually.

[northernladyuk]

Actually, I've just checked and I didn't actually send a RTR email to the agent for this particular engagement - they didn't ask for one, just assumed they had!

Not sure if they'll engage directly, though they seemed keen. That's my problem, though - I engage with many clients directly and have my own contracts ready.

And yes, of course I'm fine with risk of poor payment etc, though my standard terms mitigate that risk somewhat.

Depends how cheeky you feel. How about sending your standard contract template across to the client with the rate in there, and mentioning that of course you're open to a discussion about terms or looking at their standard contract template.