Hi Dave
This is possible as I have done this with a previous contract between Client and B&C.
I checked my T&C’s and legally you cannot breach contract without paying them lots of money (I can’t remember exactly but it is a lot and not worth going direct if you have buy you way out).
Is the Client management on your side because that’s how I did it? I told the Client that I was leaving as the rate did not reflect the work I was doing and B&C would not lower their margin. The client wanted to keep me and saw B&C as the obstacle in resolving the situation (That might have been me, lol revenge for all the times different agencies have screwed me). Basically the director of IT said that if B&C did not release me from my contract with no penalties to either the client or me then the Client would never use B&C again.
I received a letter stating that I was free from the contract and allowed to work with the Client direct without any come back.
So it all depends if you can get the client to fight the battle for you if not you don’t stand much of a chance.
Just to clarify I did feel bad leaving B&C as they are the best and most efficient agency I have dealt with, but at the end of the day I have to feed my family.
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Reply to: Badenoch and clark T&C's
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Previously on "Badenoch and clark T&C's"
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Are you opted out of the "regs"?Originally posted by DaveP View PostI am on contract with badenoch and clark, and coming to the end of it.
There is a possibility the client wants to keep me on but pay my business direct. Therfore cutting out the agency.
Am I able to do this ?
If you aren't then the must be clauses in the contract enabling the client to create a free transfer, and if their isn't the handcuff clause (that is undoubtedly there) is void
tim
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badenoch and clark
Badenoch and clark is one of the largest agencies for middle and Senior accountants in the UK. They are small in IT terms.Originally posted by DaveP View PostI am on contract with badenoch and clark, and coming to the end of it.
There is a possibility the client wants to keep me on but pay my business direct. Therfore cutting out the agency.
Am I able to do this ?
If you are an accountant then cutting them out may give you a problem in the future. If you are purely IT then it's only a legal problem.
There is probabily a clause in the agency-Client contract which would
make them liable for a permanent placement fee if you switch from Temp to Perm.
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WZS.Originally posted by Zippy View PostNo, you won't be able to do this without it costing money.
And why on earth would someone 'be prepared to accept a lower rate' to
allow the client to recover the cost of paying off the agent!?
How stupid are some people?
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If there is a handcluff clause in your contract, try and get the client to pay the agency off and be prepared to accept a slightly lower rate in order to allow the client to recover their costs.Originally posted by DaveP View PostI am on contract with badenoch and clark, and coming to the end of it.
There is a possibility the client wants to keep me on but pay my business direct. Therfore cutting out the agency.
Am I able to do this ?
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It depends on what your contract says. Does it have a "handcuff" clause in it? Even if it doesn't (and it probably will) then the client may well have one in their contract with the agency.
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Badenoch and clark T&C's
I am on contract with badenoch and clark, and coming to the end of it.
There is a possibility the client wants to keep me on but pay my business direct. Therfore cutting out the agency.
Am I able to do this ?Tags: None
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