Reply to: New contract to be awarded. Agency dont play ball

[SueEllen]

It is not an extension it is a new contract for the same role.

Which is also called an extension.

[northernladuk]

Question was, if I want to stay with them, but they make it impossible with the clauses in the contract, and I am given no choice but to walk, does this mean the handcuff clause is void?

No. It was your choice to walk.

[WordIsBond]

Question was, if I want to stay with them, but they make it impossible with the clauses in the contract, and I am given no choice but to walk, does this mean the handcuff clause is void?

Were the clauses in the old contract? Are you objecting to changes, or to stuff you agreed to last time?

You MIGHT possibly have a case if they are trying to put new terms on you that are clearly intended to make it unacceptable to renew through them. Maybe. Probably not, but maybe.

Won't matter, though. If you try to go with the client through another agency, the agency will threaten the client that you are violating the handcuff, the client won't want the hassle, and you'll be terminated.

If they have added new clauses that make it unacceptable, tell the client so. But you'll have to stop playing coy and actually tell them what those unacceptable clauses are, and if they think you are being silly, you're stuck. If the client thinks they are being unreasonable, then the client may talk to them or tell you to go to one of their other agencies -- and then it's the client deciding, not you.

If the clauses to which you object aren't new, just forget it. Either accept them or walk away. You shouldn't have accepted them in the first place if they aren't acceptable.

[LondonManc]

The clauses clearly matter yet you won't reveal them.

[pscont]

Call their bluff. Tell them you'll not extend if they don't agree to the changes. But you have to be prepared to walk. Oh - and the handcuff clause in your original contract will still be in force.

Question was, if I want to stay with them, but they make it impossible with the clauses in the contract, and I am given no choice but to walk, does this mean the handcuff clause is void?

[pscont]

The points others are making and I am making is that you are going to struggle to change contract terms now when offered an extension. You negotiate terms before you accept the contract for the first time.

It is not an extension it is a new contract for the same role.

[NotAllThere]

Call their bluff. Tell them you'll not extend if they don't agree to the changes. But you have to be prepared to walk. Oh - and the handcuff clause in your original contract will still be in force.

[LondonManc]

Not really interesting what I don't like in the contract. The fact is they don't want to change anything so it suits both of us.
@Sue there is more than one agency, yes.

It is important - the things that you don't like may be immaterial or at the other end of the scale, worth discussing with the client to explain why you have to leave!

[northernladuk]

Not really interesting what I don't like in the contract. The fact is they don't want to change anything so it suits both of us.
@Sue there is more than one agency, yes.

It kind of is if what you want is pretty fundamental and exposes the agency to risk. It could be something other agencies will also have in and not change. It could also be something to do with the gig and they won't change the contract as it will no longer match the gig.

But in you can't be arsed going in to it then the answer you are after is the handcuff will stick and your ****ed. HTH

[BrilloPad]

Are the client aware there are issues? Sometimes they can help. Though equally they might label you a trouble maker and terminate you.

[SueEllen]

Not really interesting what I don't like in the contract. The fact is they don't want to change anything so it suits both of us.
@Sue there is more than one agency, yes.

The points others are making and I am making is that you are going to struggle to change contract terms now when offered an extension. You negotiate terms before you accept the contract for the first time.

[pscont]

Not really interesting what I don't like in the contract. The fact is they don't want to change anything so it suits both of us.
@Sue there is more than one agency, yes.

[SueEllen]

I shouldn't have answered you properly the first time.

When you sorting out a contract for the first time that's when you should sort out the handcuff clauses.

You may not know other agencies etc that deal with client but if you have a decent conversation at the interview stage you maybe able to twig there is more than one agency.

[northernladuk]

What are these clauses? Contracts from agents tend to be pretty standard on the whole so I'd be interested to know what they want that you aren't happy with.

Have you had your contract checked for IR35? The specialists can negotiate on your behalf and they may be more amiable to a change if it comes from a specialist.

[LondonManc]

I have been with an agency for some time. My current contract expires soon
Client want to extend me with a new contract, and so the agency submitted me. It is likely I will be awarded the new contract by the client. However in the contract between me and agency (modified lately) there are things with I am not happy with and I want them to remove them. They refuse.

I have a clause not to approach the client for some time via another agency/direct.

Client have some more agencies on their supplier list.

Can I get in touch with another agency and try to sign with them (provided client is OK)?
Will the inflexibility of my current agency make the handcuff clause unenforceable/invalid?

What are my options?

Have you signed the new contract? Were these terms changed mid-contract?