Reply to: Swapping agancies

[Wanderer]

Get yourself the names of a couple of solicitors (HINT- use the search feature here) then if the agency makes a fuss then pay one of them to send a letter stating that if the agency doesn't stop making a fuss you will sue them for lost earnings equal to the length of the contract offered to you.

^^^ I'd do this too.

If the agency were chasing a contractor wanting to recover the 10% of the contract value they would take as a margin and managed to scare a client away from engaging the contractor at all, the contractor could then take the agency on for 100% of the lost contract value. Such a fight is not worth the agency having and I think they would back down sharpish once they saw that the contractor wasn't going to stand for any of their tulipe.

[gingerjedi]

Failure to supply won't nullify any non-solicitation clause, check it carefully.

But in a real world scenario where would it get them? I'd back down and they'd still have no income from me.

Anyway, agent one just called and they knew all about it and just asked for my permission to pass on my details.

It seems a deal has been done, I hope they didn't pay much as I will be off at the first better opportunity.

[Andy Hallett]

How could I have extended with the first agency if there is no offer? The new provider has told me they can't deal with them already as they have a PSL.

Failure to supply won't nullify any non-solicitation clause, check it carefully.

[SueEllen]

How could I have extended with the first agency if there is no offer? The new provider has told me they can't deal with them already as they have a PSL.

As someone has previously said, all they can do is stop me working and that opens up another argument that they can't win.

Get yourself the names of a couple of solicitors (HINT- use the search feature here) then if the agency makes a fuss then pay one of them to send a letter stating that if the agency doesn't stop making a fuss you will sue them for lost earnings equal to the length of the contract offered to you.

[gingerjedi]

If your contract prohibits it you should tell your agency. I suspect they will know when you don't extend with them etc.

It may well be they can supply directly in via the new provider, if you just do it and are underhand about it you will entrench their position.

How could I have extended with the first agency if there is no offer? The new provider has told me they can't deal with them already as they have a PSL.

As someone has previously said, all they can do is stop me working and that opens up another argument that they can't win.

[TheBigD]

If the agency have lost the contract with the client and will not be getting any more revenue from them regardless, and you are not part of their organisation (which yuo aren't), they can suffer no financial loss by you staying at the client thruogh another agency and hence their handcuff clause is demonstrably unreasonable (at a push, it could also be held to be restraint of trade) and can be disregarded.

This happened to a freind of mine. He changed agencies in order to stay at the same client. His old agency were off the PSL and weren't able to place hime elsewhere. The huffed and puffed a lot, but he got a solicitor involved and they soon backed down.

[Andy Hallett]

If your contract prohibits it you should tell your agency. I suspect they will know when you don't extend with them etc.

It may well be they can supply directly in via the new provider, if you just do it and are underhand about it you will entrench their position.

[BolshieBastard]

My client has outsourced the department I've been working in, 4 days before my contract is due to expire (fully expecting a renewal) the outsource co has contacted me and asked if I can see any problems switching to their preferred supplier as they can't deal with my current agency.

I know there will be a clause in my contract somewhere that would prevent this but what can I do if they aren't on the list?

More importantly how would they even know?

As your original agency is no longer on client's PSL, they cannot hold you to the handcuff clause. If they do try, you need to kick up stink with client that the original agency are try to stop you working on site.

Something similar happened at a client site I worked at when they dumped all agents for a single supplier. One or two agencies tried it on but client told them to **** off or else.

[SueEllen]

Not neccessarily, this happened to me and my contract said i could not move from the agency to the client within 6 months there was no mention if the client outsourced, i would read your contract before assuming

But you aren't working directly with the client you are working with another supplier to provide services to the same client.

The legal detail is in the wording and the fact that the original agency suffered no financial lost as the client didn't want their particular services.

[SueEllen]

It doesn't stop the agent screaming and threatening everyone with court action.

I bet if you sent the agent doing this a solicitor's letter stating you will sue them for lost income due to an unreasonable restraint of trade clause they would back down.

[Support Monkey]

My client has outsourced the department I've been working in, 4 days before my contract is due to expire (fully expecting a renewal) the outsource co has contacted me and asked if I can see any problems switching to their preferred supplier as they can't deal with my current agency.

I know there will be a clause in my contract somewhere that would prevent this but what can I do if they aren't on the list?

More importantly how would they even know?

Not neccessarily, this happened to me and my contract said i could not move from the agency to the client within 6 months there was no mention if the client outsourced, i would read your contract before assuming

[malvolio]

If the agency have lost the contract with the client and will not be getting any more revenue from them regardless, and you are not part of their organisation (which yuo aren't), they can suffer no financial loss by you staying at the client thruogh another agency and hence their handcuff clause is demonstrably unreasonable (at a push, it could also be held to be restraint of trade) and can be disregarded.

[Wanderer]

I was in a similar situation a few years ago but I assume the agencies involved came to an agreement as it all went smoothly.

I've done that too. In my case the agency wrote to me to say that they wouldn't seek to prevent me working for another agency. I think the client cut a deal with them but of course I will never know.

If the client ever asked me then I would tell them that they have to "talk to the pimp" and either make a deal with the agency or indemnify me and my company against any action taken by the ex-agency.

[gingerjedi]

I can't see how they'd know unless they asked and of course I wouldn't tell them!

The 1st agency have nothing to gain from pursuing me or the client, the only outcome would be me having to find a new contract so it would be in everyone's interest just to set me free. That's what I'm going with and if they threaten either party I'll have to leave.

I was in a similar situation a few years ago but I assume the agencies involved came to an agreement as it all went smoothly.

[SueEllen]

Second question - someone on site may grass you up. On one contract I worked on a inexperienced contractor would tell the agency all the information on all of us until someone sorted him out.

First question - the agency can and will threaten to take the client then you to court.

If the client actually has an on-site lawyer and they are willing to tell the agency where to go in writing because they have breached some clause in their contract or the client has more money, then the agency will turn around and threaten to take you to court.

From posts on here most clients crumble when an agency threatens them with court action and starts sending nasty letters/emails long before a lawyer gets involved.

However I personally know two cases where the agency involved were told to go away by the client, the contractors moved to a new agency and continued working. I was not actually involved directly I was taken on afterwards.