Reply to: Consultancy Changing Supplying Agencies

[billybiro]

Not impossible to hide it. But if you think we haven’t seen (and are wise to) all the tricks and excuses in 30 years of trading, happy birthday for yesterday.

This applies the other way too as most contractors are wise to the tricks and excuses of recruitment agents.

But there's a huge difference between wholeheartedly believing you're being lied to and being able to prove it, especially for an agency who might want to take it for a more formal level.

[BR14]

Not impossible to hide it. But if you think we haven’t seen (and are wise to) all the tricks and excuses in 30 years of trading, happy birthday for yesterday.

bloody newcomers

[Andy Hallett]

If the agency finds out and decides they want to sue for their fee, who pays?

Usually the client.

[Andy Hallett]

Because it's impossible for an agency to be lied to?

Not impossible to hide it. But if you think we haven’t seen (and are wise to) all the tricks and excuses in 30 years of trading, happy birthday for yesterday.

[pauldee]

If the agency finds out and decides they want to sue for their fee, who pays?

[billybiro]

Yeah, because agencies never check.....

Because it's impossible for an agency to be lied to?

[Andy Hallett]

This gets suggested a lot round these parts, but IIRC Andy Hallett has said that he has personally been involved in cases where the old agency has gone to court and won. I would be wary of relying on the advice that the agency can't do anything, unless there is a statute or relevant precedent that shows otherwise.

It might be worth letting the client know that there is a chance that you'll be leaving because of the issues with the consultancy / agency.

Devil is in the detail and each case should be treated on its merits. Generally (non-solicitation) clauses are enforced against clients, not individual contractors.

If these things are discussed up front the agencies and client normally cut a deal in my experience.

[Andy Hallett]

^^^ This, shut your mauf and keep invoicing

Yeah, because agencies never check.....

[SlipTheJab]

Or you could allow the existing (outgoing) agency to believe you've taken the termination of the contract on the chin and are "moving on" then dealing with the new agency to resume work for the same consultancy/client and keeping your mouth shut about it. The old agency may never even know! And even if they do somehow find out, it's not a given that they'll chase you into court since it all depends upon the likelihood of them getting a decent settlement out of the case versus the cost of it (both time and money).

^^^ This, shut your mauf and keep invoicing

[billybiro]

The only thing you can do is encourage the consultancy to sort it out with the agency they're moving away from. It's not your fault that they don't want to deal with that company any more.

Or you could allow the existing (outgoing) agency to believe you've taken the termination of the contract on the chin and are "moving on" then dealing with the new agency to resume work for the same consultancy/client and keeping your mouth shut about it. The old agency may never even know! And even if they do somehow find out, it's not a given that they'll chase you into court since it all depends upon the likelihood of them getting a decent settlement out of the case versus the cost of it (both time and money).

[gables]

This gets suggested a lot round these parts, but IIRC Andy Hallett has said that he has personally been involved in cases where the old agency has gone to court and won. I would be wary of relying on the advice that the agency can't do anything, unless there is a statute or relevant precedent that shows otherwise.

It might be worth letting the client know that there is a chance that you'll be leaving because of the issues with the consultancy / agency.

Interesting, I can see how an agency would have a case if this mid contract as there is obviously a loss of the remaining contract. But with a renewal, which I would see as a new contract, there is no loss as the old agency wouldn't get to bid for the work.

But as others have said, it's up to the consultancy to sort out with the agent(s) if they really want to keep you on.

[ladymuck]

I try to get handcuff clauses removed from any contract for this reason. Makes life a heck of a lot easier. It's harder to do if the agency genuinely introduced you to the client but quick and simple if you have a prior relationship with them.

The only thing you can do is encourage the consultancy to sort it out with the agency they're moving away from. It's not your fault that they don't want to deal with that company any more.

If you do move to another agency with the same consultancy/client make sure you get the handcuff clause removed.

[Lance]

The consultancy are a supplier to client as well. I do not think the client would really care all that much, as long as the consultancy completes their work packages. It's a public sector client.

Thanks all. Some conflicting answers. Difficult one I think.

HP (now DXC) used to do this quite often. Never caused any issues, although the agents got grumpy. Let the client and the agencies fight it out.
Don't say squat to the old agency. They've terminated you so cease communication (other than chasing payment). You could even ask them if they've got any other roles you might be interested in.

It's almost certain the client will have it sorted. And it's almost certain that the agency are more interested in getting back on the PSL than causing trouble.

[TheFaQQer]

The consultancy are a supplier to client as well. I do not think the client would really care all that much, as long as the consultancy completes their work packages. It's a public sector client.

In which case, you have very little leverage. Start dusting off the CV and see what else is out there.

[dave_m13]

It might be worth letting the client know that there is a chance that you'll be leaving because of the issues with the consultancy / agency.

The consultancy are a supplier to client as well. I do not think the client would really care all that much, as long as the consultancy completes their work packages. It's a public sector client.

Thanks all. Some conflicting answers. Difficult one I think.