Go direct at renewal?

[tim123]

[*]You are now de facto opted in. The agency can therefore insist on an 8 week handcuff period where you cannot work for the client. Then you can go direct, but you will have lost 8 weeks income. That is not good economics.

There are other ways allowed for in the legislation for going direct.

Does the client buy into the direct route?

tim

[malvolio]

I am currently in a contract which is due to end next month.

My agency has not been particularly helpful during the term of the contract. They do very little to earn their continuous 20% fee.

I did not even have a contract presented to me until half way through the 3 month contract. I have not even signed it yet because there are issues with it which where not discussed or agreed prior to the contract, such as a requirement for insurance, and no notice period on the agency side.

Although the contract stipulates an opt out of Agency Regulations clause, there is no mention of not being able to take extra work direct with the client, and no period during which I am unable to go direct.

I have asked for a rate increase for the renewal but have been turned down.

Can I go direct with the client?

A couple of points here wrth noting for general interest:

• Don't ever start without a contract. By doing so you accept whatever terms are in force at that point, whether you agre with them or not. It then gets tricky negotiating a different set.
• Opt out clauses in contracts are illegal and can be ignored. It is up to you to opt out in writing, nobody else. It absolutely must not be a contractual stipulation.
• As I keep saying (why does no-one ever listen) you do not want a notice period from you to the client, it's a bad IR35 pointer towards being an employee.
• You are now de facto opted in. The agency can therefore insist on an 8 week handcuff period where you cannot work for the client. Then you can go direct, but you will have lost 8 weeks income. That is not good economics.

Renegotiate the renewal as a new contract and do it right, or walk away. And learn from your mistakes.

[Burdock]

This may help:

http://forums.contractoruk.com/thread16399.html

[black_knight]

I am currently in a contract which is due to end next month.

My agency has not been particularly helpful during the term of the contract. They do very little to earn their continuous 20% fee.

I did not even have a contract presented to me until half way through the 3 month contract. I have not even signed it yet because there are issues with it which where not discussed or agreed prior to the contract, such as a requirement for insurance, and no notice period on the agency side.

Although the contract stipulates an opt out of Agency Regulations clause, there is no mention of not being able to take extra work direct with the client, and no period during which I am unable to go direct.

I have asked for a rate increase for the renewal but have been turned down.

Can I go direct with the client?