Change Brolly Mid Contract - Woes

[Moptop]

I've changed brolly mid-contract before.

I gave one month's notice to the old brolly (they are your employer; you'll probably have to do this), joined the new one, and instructed the agent to re-assign the contract to the new brolly, starting on the first working day after leaving the old brolly.

[scooby]

Aren't you an employee of the Brolly? If so then the contract should be between the Brolly and the Agency. Otherwise what do the brolly do?

that is correct!

I changed umbrella 3 times before going limited. One agency changed happily with no issues, the other made me wait till extension for legal reason. altho if you are having customer services issues with the umbrella, they will help you change. They did make me wait until extension to change to ltd, they said thsi was due to VAT restrictions or something. Couldnt be bothered trying to fight as i had 6 weeks until the extension.

[sidknows]

which agency is this ?

' My Agency has refused such a request - firstly fobbing me off with "the Government view that as Tax Evasion", and more recently telling me that "Your End Client don't allow it".


Please let us know who is this agency as this is precisely the type of stuff that contractors need to be aware of

[Archangel]

How can the brolly give notice on a contract between me, the agency and the client? Brolly had nothing to do with the agency so just told the agency details of the new bank account to pay to.

Aren't you an employee of the Brolly? If so then the contract should be between the Brolly and the Agency. Otherwise what do the brolly do?

[Sausage Surprise]

And presumably they then give notice on the contract, which is what i said !?!

How can the brolly give notice on a contract between me, the agency and the client? Brolly had nothing to do with the agency so just told the agency details of the new bank account to pay to.

[LisaContractorUmbrella]

The reasons that you have been given for not being able to change umbrella company are not valid - neither the client nor the revenue would be particularly interested in the fact that you want to change brolly. There is certainly no tax reason. However, you should check the contract that you have with the brolly as that may have tied you in in some way

[dmini]

I changed companies once, but the agency did it at contract renewal time - that was their restriction. I was happy with that - so no real issue.
As others have said they are telling you rubbish.

[NotAllThere]

The contract chain is:

You have an employment contract with Brolly. Brolly have commercial contract with Agency. Agency have commercial contract with Client.

If you change your brolly, then a new contract needs to be set up between Brolly and Agency. That's all. From this you can see that Client don't care what Brolly you go through.

The ONLY restrictions will be down to what your employement contract with Brolly says about you shifting to a new brolly, and the contract between Brolly and Agency.

Do the Agency have a vested interested in the Brolly. E.g. are they part of the same group?

Go ltd. Then you are in far more control of what goes on.

[Lewis]

Does it? I dumped my umbrella mid contract simply by clicking the "Request P45" button.

And presumably they then give notice on the contract, which is what i said !?!

[Ruprect]

Are they that bad? What is the problem? Surely you can sit it out until Nov? IMO, if they are that bad (in that you are not getting paid) then they are in breach of contract and you can leave them and do whatever you like. Even if you can't get a P45 an accountant can sort this out.

IANAA.

[Sausage Surprise]

Threaten to leave the contract and the agency will allow it. I have changed companies a few times mid contract. It requires ending the first contract and starting a new one. Some admin for agency but certainly possible. Only problem may be that umbrella may contractually be able to hold agency to a notice period. You need to check the contract between the umbrella and agency. But one thing is for sure ... don't trust anything your agent tells you, I can think of any group of people who have lied to me more. The tax evasion stuff is a load of bull.

Does it? I dumped my umbrella mid contract simply by clicking the "Request P45" button.

[Lewis]

Dear All,

Have been lurking without any problems, now I'm knee deep in The Suck. Would appreciate some help.

Situation: Just out of Uni, first contract - major UK financial institution. End Client and myself get on very well. No problems there. Contract is 2 months in and due to run until November.

Agency is a well known IT one, and I'm using one of the big (and not particularly well liked) Umbrella companies.

For a number of reasons, I would like to change my Umbrella company. My Agency has refused such a request - firstly fobbing me off with "the Government view that as Tax Evasion", and more recently telling me that "Your End Client don't allow it".

Having spoken to the Resourcing team here, I know that is rubbish. Not sure about the tax reasons - could this be valid? Surely not?

Having done as much foot-stamping as I'm capable of (I'm a bit of a wuss, really), and been told in no uncertain terms that I am "locked into this umbrella company for the remainder of your contract", it all sounds rather final. And I'm going to cry.

Any suggestions you folks could offer would be greatly appreciated. I've searched the previous posts but couldn't find anything - sorry if this has been covered before.

Many thanks,

N-L

Threaten to leave the contract and the agency will allow it. I have changed companies a few times mid contract. It requires ending the first contract and starting a new one. Some admin for agency but certainly possible. Only problem may be that umbrella may contractually be able to hold agency to a notice period. You need to check the contract between the umbrella and agency. But one thing is for sure ... don't trust anything your agent tells you, I can think of any group of people who have lied to me more. The tax evasion stuff is a load of bull.

[Sausage Surprise]

Go limited...sorry, someone had to be first to say it

[No-Lifer]

Dear All,

Have been lurking without any problems, now I'm knee deep in The Suck. Would appreciate some help.

Situation: Just out of Uni, first contract - major UK financial institution. End Client and myself get on very well. No problems there. Contract is 2 months in and due to run until November.

Agency is a well known IT one, and I'm using one of the big (and not particularly well liked) Umbrella companies.

For a number of reasons, I would like to change my Umbrella company. My Agency has refused such a request - firstly fobbing me off with "the Government view that as Tax Evasion", and more recently telling me that "Your End Client don't allow it".

Having spoken to the Resourcing team here, I know that is rubbish. Not sure about the tax reasons - could this be valid? Surely not?

Having done as much foot-stamping as I'm capable of (I'm a bit of a wuss, really), and been told in no uncertain terms that I am "locked into this umbrella company for the remainder of your contract", it all sounds rather final. And I'm going to cry.

Any suggestions you folks could offer would be greatly appreciated. I've searched the previous posts but couldn't find anything - sorry if this has been covered before.

Many thanks,

N-L