Changing Agent - Legalities

[Fred Bloggs]

Sounds like a normal agent to me!

Beware going down this route. What will happen if you do manage to change agents while staying with the client is, it will all kick off between the agents who will drag the client into the bun fight. The client will tire of the arguments and will just terminate your contract.

This +1

[BolshieBastard]

What are the implications in changing your agent for an outside IR35 role?
Can it be done?
In short my Agent is behaving like a prize dick, without going into details - lying, unscrupulous and untrustworthy.

Sounds like a normal agent to me!

Beware going down this route. What will happen if you do manage to change agents while staying with the client is, it will all kick off between the agents who will drag the client into the bun fight. The client will tire of the arguments and will just terminate your contract.

[northernladuk]

you sure about that? It would be a very unusual contract if it doesn't have sort of restrictive covenant.

He updated a different thread. So it did have a handcuff in and all this is over the OP's mistaken belief he can refuse to opt out when the agent will only deal with opt out contractors.

Agent isn't a dick, they weren't lying, are not unscrupulous and are not untrustworthy

[northernladuk]

Are you wanting to change agents because of the Opt out thing then?

[Lance]

Nothing that I can see in the contract that prevents it.

you sure about that? It would be a very unusual contract if it doesn't have sort of restrictive covenant.

[Lance]

What are the implications in changing your agent for an outside IR35 role?
Can it be done?
In short my Agent is behaving like a prize dick, without going into details - lying, unscrupulous and untrustworthy.

So your agent is an agent...

You need to consider the following....
- Your client has a contract with your agent. Can they change that to keep you? And will they change if they can?
- Does your current contract allow you to work for the same client through a different agent?
- Could the current agent ever find out if you did change? (evidence is key here. If you do it and they can't prove it, then it matters not).
- Even though your agent is a dick, do you get paid accurately and on time? Leave emotion out of this, it's business.
- is there an agent that will take you on for this scenario?

that's a starter before you even think about implications if you did do it.

[northernladuk]

Nothing that I can see in the contract that prevents it.

I didn't sign the 'Opt out of Conduct Regulations 2003' - which I believe would have tied me to them

Is there no handcuff clause in the contract saying for 6 months you can't do this and that? That is highly unusual to the point of I've never seen it before.

Either way, highly unlikely it's going to go smoothly. Even if it's not in the contract they'll claim dibs on you and leaving them means they'll lose commission so can see why they think they have rights to you. They'll make such a noise with the client and other agent it's going to be up in the air if you have a gig left.

Have you spoken to your client about their actions. If the client decides to move their business to a new agent than any handcuff the old agent has is void.

[JamesC34]

Nothing that I can see in the contract that prevents it.

I didn't sign the 'Opt out of Conduct Regulations 2003' - which I believe would have tied me to them

[WTFH]

What are the implications in changing your agent for an outside IR35 role?
Can it be done?
In short my Agent is behaving like a prize dick, without going into details - lying, unscrupulous and untrustworthy.

It doesn’t matter about inside or outside IR35. It matters about what is in your contract with them.

[JamesC34]

What are the implications in changing your agent for an outside IR35 role?
Can it be done?
In short my Agent is behaving like a prize dick, without going into details - lying, unscrupulous and untrustworthy.