Reply to: Client delaying start

[NotAllThere]

At one client, the client's legal team gave the agency a good slapping.

[Wanderer]

Which wouldn't happen as the Client is closely tied with the current agency being used.

Often the client doesn't want the aggro of the agencies legal team threatening them so they take the easy option and walk away even though they could fight and win the case.

On the other hand, I have had clients tell agencies to go and spin and they told me that if the agency had a go at me (which they did) then just ignore their bluff and bluster (which I did).

[Darksider]

Which wouldn't happen as the Client is closely tied with the current agency being used.

[NotAllThere]

Spot on. Basically now it's all merged/merging I have been told I cannot work under a different agency for 1 year...

1 year would never stand up in court, but you'd need client backing.

[nekorb]

Spot on. Basically now it's all merged/merging I have been told I cannot work under a different agency for 1 year. Shame the agency I'm with isn't getting sent any of the jobs being offered.

[Darksider]

This contract wouldn't happen to be based in Essex would it....?

[nekorb]

I did get in touch with the guy who interviewed me directly and it turned out that where the PCTs and whatever else have merged the new client considers me as having worked for them (in a round about way). The problem comes about that the new role is advertised by another agency to the one who I was working under before. The "new" agency have said they'd back down and let the other agency deal with the contract. However the guy I spoke to needs someone else to do something else for this to happen.

I've done as someone here suggested, not just sat at home waiting so unless they get it sorted pretty sharpish (I have a lot of experience in the role offered), I will be starting something else tomorrow as I have lost patience (and money). All in all, a nice mess which is no surprise considering how the merge of areas has gone in recent moneys!

Someone else asked what I done when I got the call that there was a delay... it was after 4pm on a Friday afternoon before the bank holiday weekend so the place was deserted

Thanks for all the replies, I didn't know what an active and helpful forum this was

[psychocandy]

Whichever way OP I dont think it looks good to be honest. You may never find out the true reason but I fear you're new contract is now a non-runner.

Like someone said, if there was just a delay, the agent would probably be bulltulipting you to keep you hanging on. Sounds much like its dead in the water and he knows it.

[Old Greg]

Yeah, that's a fair one, actually. Could be that the agency from your old contract had a clause stating you wouldn't be re-engaged anywhere within the NHS within x months of leaving the contract they'd arranged, and the agency from your new contract didn't hear about that until after their contract with the 'new' NHS client had been pitched/signed, nekrob. If that is what's happened, then the agency that's new to the picture certainly wont want you discussing things with the end client, because you may well then be within your rights to take up the new contract via your old agency.

To know more, we'd really need to know a little more:

1. Was your old contract through an agency?
   
2. Is your new contract through an agency?
   
3. Are you able to speak with anyone on the new client side or old client side to find out what's been discussed from their perspective?

To have a clause restricting contracts within the NHS is not to restrict to a client but to a sector. And it doesn't happen.

[northernladuk]

Yeah, that's a fair one, actually. Could be that the agency from your old contract had a clause stating you wouldn't be re-engaged anywhere within the NHS within x months of leaving the contract they'd arranged, and the agency from your new contract didn't hear about that until after their contract with the 'new' NHS client had been pitched/signed, nekrob. If that is what's happened, then the agency that's new to the picture certainly wont want you discussing things with the end client, because you may well then be within your rights to take up the new contract via your old agency.

To know more, we'd really need to know a little more:

1. Was your old contract through an agency?
   
2. Is your new contract through an agency?
   
3. Are you able to speak with anyone on the new client side or old client side to find out what's been discussed from their perspective?

This +1 but most importantly keep looking. Don't sit at home waiting for this to pan out. Carry on searching and if this does come off then you have a bargain. If it doesn't you haven't wasted days/weeks.

[Gentile]

Again I don't think this is quite true. Care has to be taken when changing suppliers to a single customer, particularly with cross over. Handcuff clauses must be taken in to account so it isn't true to say one has nothing to do with the other. I am not saying for sure this is what happened here, just being pedantic about being blasé when a suppliers and a single customer is involved.

Yeah, that's a fair one, actually. Could be that the agency from your old contract had a clause stating you wouldn't be re-engaged anywhere within the NHS within x months of leaving the contract they'd arranged, and the agency from your new contract didn't hear about that until after their contract with the 'new' NHS client had been pitched/signed, nekrob. If that is what's happened, then the agency that's new to the picture certainly wont want you discussing things with the end client, because you may well then be within your rights to take up the new contract via your old agency.

To know more, we'd really need to know a little more:

1. Was your old contract through an agency?
   
2. Is your new contract through an agency?
   
3. Are you able to speak with anyone on the new client side or old client side to find out what's been discussed from their perspective?

[Old Greg]

If it is a different NHS client then handcuff clauses do not apply. They will be different statutory bodies.

As far as the list is concerned, it sounds nonsense. Put in a subject access request under the DPA.

[northernladuk]

If your new contract is through a new agency that had nothing to do with your previous contract, it's just as difficult to see why your contact is trying to get you to find something else given what should be a minor hiccup over a job in hand.

Again I don't think this is quite true. Care has to be taken when changing suppliers to a single customer, particularly with cross over. Handcuff clauses must be taken in to account so it isn't true to say one has nothing to do with the other. I am not saying for sure this is what happened here, just being pedantic about being blasé when a suppliers and a single customer is involved.

[Gentile]

Sounds like somebody's pulling a fast one. Are your old and new contracts with the same agency, or direct with the NHS, in both cases? If so, it's difficult to see why they're having any difficulty whatsoever sorting this out. If your new contract is through a new agency that had nothing to do with your previous contract, it's just as difficult to see why your contact is trying to get you to find something else given what should be a minor hiccup over a job in hand.

I'm sorry to say that it sounds as if your new contract could maybe just never actually have been agreed with the new client in the first place, and the intermediary you're dealing with is telling you a load of cobblers about the reason why. If there's a way to get the real story direct from the people you interviewed with, you could try to do that. Fortunately it's not common, but it wouldn't be the first time an unethical agent's been unable to agree a contract with the client after having first agreed one with a contractor, and the contractor's been hung out to dry as a consequence.

[northernladuk]

Does sound a bit odd. Most agents wouldn't be so eager to suggest you go look elsewhere. He is potentially shooting himself in the foot if you get another role straight away. That would sound bells to me unless he is a decent guy and you get on well with.

One thing that does strike me here is you mention 2 clients working for NHS with a cross over. It is situations like this that handcuff clauses are introduced. Are you sure someone hasn't f'd up and didn't take into account you couldn't work for your clients client for x months? Has only the agent told you about this or have the clients themselves confirmed this? Could be handcuff has become and issue and the agent isn't being honest?

On the whole this is contracting for you though. Although this situation is a little odd not starting on time or roles disappearing before you get there do happen from time to time. We have had posters asking what to do from the reception of the client on the first day after being told there isn't a role for him anymore. Try and resolve it, if it doesn't happen then that is contracting. Nothing you can do, can't demand cash, can't get paid for notice or losses. Shoulder it and move on.