Reply to: Initial contract with agency; then approached direct by client

[Antman]

OK, it is a small world agreed so they do find out but then what?

They obviously don't bother taking the client to court (if they want to retain them as a client). Do they take you (an employee of your ltd) to court? Do they take the ltd.? How do they know you weren't subbing for someone?

For the agency they would need to have all the facts first before potentially expensive litigation, where do they get this from? You don't have to answer anything neither does the company.

However at the end of the day, if it all goes teats up, don't come after me, I just spout the first thing that comes into my head.

[moggy]

Fair point but I've only met an agent once in 8 years and 9 contracts.

also the guy sitting next to you works through them, or the agent is well in with the manager.. as NLUK says its a small world and people do talk.

[Sausage Surprise]

How about they attend meetings with the client on site and you walk past them in reception?

Industry is too small to rely on not being found out IMO.

Fair point but I've only met an agent once in 8 years and 9 contracts.

[northernladuk]

Yes! Contract hand cuff clauses and that but are agencies able to have access to HR data? Allowed on site and do checks?

As long as the agency is not the only agency on the PSL I don't see how they can find out?

Maybe I'm missing something here?

edit: I'd assume that you don't twitter/fb/LI that you got boomed at a particular client.

How about they attend meetings with the client on site and you walk past them in reception?

Industry is too small to rely on not being found out IMO.

[Antman]

How exactly would the agency find out?

Yes! Contract hand cuff clauses and that but are agencies able to have access to HR data? Allowed on site and do checks?

As long as the agency is not the only agency on the PSL I don't see how they can find out?

Maybe I'm missing something here?

edit: I'd assume that you don't twitter/fb/LI that you got boomed at a particular client.

[Sausage Surprise]

How exactly would the agency find out?

[BlasterBates]

In my view there is no problem, and the agency should not expect any margin or payment. The agency is not offering any work and therefore it would be unreasonable for them to restrain you, regardless of what is in the contract. It would be a different matter if the agency was offering you an extension but you went behind their back to their client. In any case presumably the agency has now paid you in full so they can´t withhold payment.

Go ahead.

[TheFaQQer]

Yes, it is a breach of the regulations and you should report them as detailed in this post.

I've done it before - can't remember the agency, though.

Make sure you take a screenshot of the advert if it's in there, so it can't be changed later.

[Wanderer]

I thought that was a breach of the regulations?? Get it in writing and contact whatever the department that Cable runs is called these days.

Yes, it is a breach of the regulations and you should report them as detailed in this post.

[TheFaQQer]

Not all agencies will put you forward for a role if you insist on being opted in, such as rullion for one.

So its not a 'stupid mistake' if the contractor isnt opted in.

I thought that was a breach of the regulations?? Get it in writing and contact whatever the department that Cable runs is called these days.

I've had stupid contract terms offered in the past because I was opted in, but never been refused to be put forward. Of course, you could rely on the fact that most agencies don't know how to opt out properly to convince them you are out when the reality is different.

[northernladuk]

Not all agencies will put you forward for a role if you insist on being opted in, such as rullion for one.

So its not a 'stupid mistake' if the contractor isnt opted in.

Will second that I am afraid.

[SueEllen]

And to further complicate things the restraint of trade may or may not be enforceable depending on how it's worded.

So I would get out your contract, have a good read and if in doubt consult a contract lawyer as we can only give our opinions........

[BolshieBastard]

If the worker didn't opt out then the restraint of trade can't be enforced beyond 14 weeks from the start or 8 weeks from the end of the engagement.

If the worker did opt out then that's their stupid mistake and it depends on what it says in the contract (often as long as 12 months).

Not all agencies will put you forward for a role if you insist on being opted in, such as rullion for one.

So its not a 'stupid mistake' if the contractor isnt opted in.

[Wanderer]

Then, a couple of months later the client, impressed with your previous work, calls you directly. Just to be clear; at the second contract, the agency are NOT entitled to a fee? Right?

If the worker didn't opt out then the restraint of trade can't be enforced beyond 14 weeks from the start or 8 weeks from the end of the engagement.

If the worker did opt out then that's their stupid mistake and it depends on what it says in the contract (often as long as 12 months).

[northernladuk]

And wouldn't it depend on your opt in/out status as well?

What do you mean extra margin? You mean the bit the agent was getting? Remember that was payment for their services. If they are not being used don't assume you will get the extra. Just negotiate on the rate you want.