Buying out of handcuff clause

[NotAllThere]

Thanks, now let this die

Thread locked.

[northernladyuk]

Did you opt out? I seem to remember this is relevant, but perhaps someone who actually knows could give a more informed view.

[billybiro]

Any tips?

Client and I want me to go direct on a long term arrangement, trading a bit of pay for some amazing perks.

But that is only cost effective long term if we cut out the agency out, and they currently have 12 months handcuff.

So what's the best approach, just ask straight up? Anyone done this before?

JFDI and keep your mouth shut.

[SlipTheJab]

What have the client said about the agency? They have a contract that they must abide by. Are they telling you to buy yourself out?

[northernladuk]

Nah not permie perks like that, more around total hours/location flexibility.

Why can't you do that with the agency contract?

[BlasterBates]

In this particular case I think the agency has a good case to enforce the handcuff clause. Often agencies don't pursue it. If you are unsure I would take legal advice. Probably inform the client that they should do a deal with the agency.

[Robinho]

Nah not permie perks like that, more around total hours/location flexibility.

[FrontEnder]

What perks? Sick pay? holiday pay? Pension?

Just go there as a permie and then the handcuff clause won't apply. Or the agent can just get the standard finders fee for a permie.

[Robinho]

Ok, i guess it's just down to their negotiating skillz at the end of the day.

[northernladuk]

You have no contractual relationship with the client so let them and the agency work it out. If it's a reasonable sized account the client should be able to strong arm the agency in to letting it go in individual cases.

There is the argument 12 month is too general to stick but in a case like this where it's a given the agency can prove loss its too weak an argument to persue.

Watch your IR35 status if it's a long term arrangement and you are talking perks. Worth spending some time and money getting it covered properly.

[Robinho]

Thanks, now let this die