How to get rid of 2nd tier agency?

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Taita replied

8 February 2012, 17:28
Originally posted by co_sjo View Post

Fortunately Agency B released me from contract with no consequences and agency A is passing the difference on.

Huh? Then you woke up!
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co_sjo replied

6 February 2012, 13:42
Fortunately Agency B released me from contract with no consequences and agency A is passing the difference on.
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Craic replied

30 November 2011, 07:01
Did you opt out of the Agency Regulations?

Did the agency do everything correctly if they did getyou to opt out?

If you didn't opt out then you quite both agencies for a lesser fee than 15K, I think it is the agency margin over 13 weeks which would be the cost and then go direct - if the clienttakes direct contractors.
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BolshieBastard replied

29 November 2011, 17:52
Originally posted by co_sjo View Post

Hi all

Currently I have two agencies between me and the client. Agency A is the preferred supplier for the client, and Agency B was used because A couldn't find a placement (me).

I want to get rid of B. They've had over 3 years out of me and do nothing other than payroll. Not even a lunch unless I push them.

There's a 'restrictive covenant' clause in the contract which states any transfer to another employment business with the same end client, or customer of the end client, in the same or similar role, requires a 25% of annual salary or £15k fee to be paid, by the supplier and representative.

Would this hold water? I don't know if being a PCG+ member would help at all.

Thanks

You're not going to be paid any more money even if you do manage to ditch the tier B agent. so why cause aggravation for yourself.
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Support Monkey replied

29 November 2011, 11:55
I am in the same situation, not much you can do realy, if Agency B got the work in the first place and your contract says you cannot work direct. and presumably they pay you on time and they cause you no bother

your only option is leave or renegotiate the rate

and as others say 3 years in is a bit late in the day to be worried about it now
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craig1 replied

29 November 2011, 10:43
If you've been there three years and you're just getting discontented now then is it REALLY a big enough issue that you want to mess around with contractual terms?

If you're happy with the rate and payment terms, Agency B is happy with their cut, Agency A is happy with their cut and the Client is happy with you and Agency A's performance then why mess with a relationship that works?
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malvolio replied

29 November 2011, 10:25
Originally posted by co_sjo View Post

Hi all

Currently I have two agencies between me and the client. Agency A is the preferred supplier for the client, and Agency B was used because A couldn't find a placement (me).

I want to get rid of B. They've had over 3 years out of me and do nothing other than payroll. Not even a lunch unless I push them.

There's a 'restrictive covenant' clause in the contract which states any transfer to another employment business with the same end client, or customer of the end client, in the same or similar role, requires a 25% of annual salary or £15k fee to be paid, by the supplier and representative.

Would this hold water? I don't know if being a PCG+ member would help at all.

Thanks

Ermm, Agency B don't do nothing, they are the ones with the work and they are the ones paying you. Clearly you can take them out of the loop, all you have to do is stump up £15k. I suspect you won't save that much by dropping them, it's not like thier margin will be added to your rate, it will only be removed from the end client's charges.

And why do you think PCG Plus would help? Obviously use the members' free legal helpline or post the question on their fora to get an authoritative answer, but that's it.
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TheFaQQer replied

29 November 2011, 10:24
Originally posted by co_sjo View Post

Would this hold water?

Probably

Originally posted by co_sjo View Post

I don't know if being a PCG+ member would help at all.

It would give you a legal helpline to ring which would give you real advice
Leave a comment:
co_sjo started a topic How to get rid of 2nd tier agency?

29 November 2011, 10:11
How to get rid of 2nd tier agency?

Hi all

Currently I have two agencies between me and the client. Agency A is the preferred supplier for the client, and Agency B was used because A couldn't find a placement (me).

I want to get rid of B. They've had over 3 years out of me and do nothing other than payroll. Not even a lunch unless I push them.

There's a 'restrictive covenant' clause in the contract which states any transfer to another employment business with the same end client, or customer of the end client, in the same or similar role, requires a 25% of annual salary or £15k fee to be paid, by the supplier and representative.

Would this hold water? I don't know if being a PCG+ member would help at all.

Thanks
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