Agency in Breach?

Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:

You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

pmeswani replied

11 December 2008, 11:57
Originally posted by Badger View Post

I've a strange situation here whereby ClientCo want to renew for 3 months and I've agreed in principle, ClientCo have left messages for agency to contact them re the extension, but the agency hasn't yet contacted me.

If the agency don't contact me would they be in breach of their agreement with ClientCo? Could I go direct as a result?

Have you tried to contact the agency? Is the Agency a one man band? If not, are there other people who can help you out in case the agent is off sick?

What is stopping you from working for the client beyond your current contract length and signing a retrospective agreement with the agent when they do make contact? (Yes it is risky, but ask yourself the question on whether the risk is worth it).
Leave a comment:
expat replied

11 December 2008, 11:51
Originally posted by Badger View Post

I've a strange situation here whereby ClientCo want to renew for 3 months and I've agreed in principle, ClientCo have left messages for agency to contact them re the extension, but the agency hasn't yet contacted me.

If the agency don't contact me would they be in breach of their agreement with ClientCo? Could I go direct as a result?

Breach of agreement with ClientCo? Who knows? Not you.

Could you go direct? No.

Your contract is with the agency. If they have a chance to extend it but choose not to, for whatever reason (including stupidity) that is their choice. That would not nullify the handcuff clauses that I'm guessing are in the agency's contract with you and their contract with the client.

In essence, the agency can actually stop you working at that client.

It's not "fair". If you don't like it, don't sign a contract with a handcuff clause in it.
Leave a comment:
Badger started a topic Agency in Breach?

11 December 2008, 11:34
Agency in Breach?

I've a strange situation here whereby ClientCo want to renew for 3 months and I've agreed in principle, ClientCo have left messages for agency to contact them re the extension, but the agency hasn't yet contacted me.

If the agency don't contact me would they be in breach of their agreement with ClientCo? Could I go direct as a result?
Tags: None