But as Mr Monkey says, does "consultancy" mean agent?
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Previously on "Legal query - going direct - contract clauses etc."
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Originally posted by Robwg View PostAlso - the clause specifically mentions that it is there to protect the Consultancies business. If the consultancy are ok with it then do the agency have any comeback - even though they aer the ones losing out (should they ever find out).
But as Mr Monkey says, does "consultancy" mean agent?
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You do need to get the contract fully reviewed - but I'm guessing that in this context the Consultancy may actually be the Agent (who will call themselves a recruitment consultancy or something similar).
It basically says 'to protect xxx'x business there is...blah blah blah'.
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Originally posted by Robwg View PostAlso - the clause specifically mentions that it is there to protect the Consultancies business. If the consultancy are ok with it then do the agency have any comeback - even though they aer the ones losing out (should they ever find out).
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Originally posted by Robwg View PostI thought it was generally accepted that if you contract direct you are basically pretty IR35 proof - there is no higher/lower contract to worry about etc.
You do have the advantage that there is no higher/lower contract, so you can see all of the terms of business that apply. But that doesn't make you IR35 proof.
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Correct me if I'm wrong, but your contract is with the agent, not the consultancy. The consultancy can't give you permission to break your contract with the agent.
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How does going direct offer you any degree of IR35 protection btw?
Correct me if I'm wrong, but your contract is with the agent, not the consultancy. The consultancy can't give you permission to break your contract with the agent.
I think I may get some legal advice.
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Sounds messy. Good luck!!
How does going direct offer you any degree of IR35 protection btw?
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Correct me if I'm wrong, but your contract is with the agent, not the consultancy. The consultancy can't give you permission to break your contract with the agent.
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Legal query - going direct - contract clauses etc.
I am currently contracted through an Agency to a consultancy. They in turn contract me out (at pass through rate) to another firm who are basically the end user.
It is my contract renewal up and I want to go direct to the end user to a) make more dosh and b) IR35 protection.
Normally this wouldn't be possible as most contracts have a six month clauses in them preventing you signing up for to the end user to protect the agency. However - in this case as far as the contract is concerned the end user is the consultancy. My real end user is the firm at the end - and they are willing to hire me on direct. It turns out the consultancy make no profit on me - the only person who does is the agency.
So - checking my contract I find I actually have a 6 month clause preventing me joining one of the consultancies clients to protect their business - that is it - nothing about the agency (mainly because the consultancy and agency are tied up in a long tirm deal) etc. However the end user has discussed with the consultancy and they are ok with me doing this - as they won't be losing out. The only person who will lose out is the agency.
I have asked for an email from the consultancy account manager confirming this - if I get the email - what are everyones opinions on the risk with this? Am I setting myself up with legal issues later on? Is it a no-no. Would the email hold up in court should another wing of the consultancy throw a wobbly and try and pursue this? How would they be able to show they have lost out as they don't make any money on me? Could the agency (who are the real ones who are losing out) do anything - given that the clause specifically says it is to protect the consultancies business.
Any opinions would be most appreciated.
Thanks
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