Jolly Green Monster 2

I currently have a contract with a company through an agent..

The agent does nothing other than find me the job and then take a percentage per hour..

This particular job I actually found myself but for ease (I was silly) I said to contact my agent..

Anyway the contract I have with the agent says that I must use them if I work for the same company within 6months of the end of the current contract... personnally I cannot see how this can be enforced and there is no mention in the contract of what to expect if I do this.. surely the contract has terminated so cannot be enforced?

I am considering going direct to the company as the agent is doing nothing for me... and I want a pay rise so going to suggest we split the percentage the agent is making so they get me cheaper and I get paid more directly from them.

Any thoughts on where I stand?

Cheers

JGM

MarkO

If you do this, the agency will sue the pants off you and your client. It would be illegal, and is breach of contract - and it can be enforced by the agent. You'll almost certainly find that the client has a similar clause in their agreement with the agency, saying that if they employ somebody directly who they sourced through the agency, they'll be in breach of contract.

The clause is perfectly legal, and is almost always used when an agency places you. It's also fairly sensible and reasonable really. Think about it - if it wasn't the case, companies would use agencies to find a contractor for a 3-month contract, and then after that 3 months was up they'd ditch the agent and renew the contractor for 6 months or a year. So the agency does all the hard work, and gets very little out of it.

MarkO

Oh, and just to follow up, the fact that you found the job is irrelevant. Sorry to say it, but you were a fool to do it through the agent if you didn't need to.

However, the agent is probably doing more than you think. They may well be providing you with PI and liability insurance, and their payment terms will almost certainly be quicker and more reliable than the client's would be (trust me - I know this from bitter experience).

Your only hope of getting rid of the agent might be to negotiate a 'buy out', but I doubt they'll go for it. After all, they're getting paid a cut and didn't even have to do the legwork in the first place. If you were them, would you let the contractor/client walk away from the deal?

Jolly Green Monster 2

Cheers, fair enough I just find it difficult to comprehend how the clause remains in place after the contract has expired...

I know of others that have done it and with the same agent and they didn't get sued, but that doesn't mean they won't.

Wouldn't be so bad if they found me the job rather than me finding it.. my own fault though..

JGM

Jolly Green Monster 2

I provide my on PI and Liability insurance via my own company etc..

Admittedly they pay me and probably quicker than the client would but that seems to be the only thing..

I know I should have not bothered with the agent in the first place but I was about to be out of work and was skint so the fact that they knew who to contact in personnel and had a contract drawn up etc.. I suppose the provided me with the contract..

ho hum..

JGM :stupid:

MarkO

The clause remains in force. Whether it's actually enforcable is a different matter. It depends on the amount of money involved - the agency may well decide it's not bother pursuing unless they're likely to lose out substantially.
Exactly. I actually managed to switch from agency to direct, but I was in the sitation:

me -> agency -> service company -> client

I ditched the agency and the service company, and went direct with the client. Since the legal agreements were only between the 'adjacent' members of the chain, the client and I had no direct legal link and so were able to negotiate directly with impunity.

Jolly Green Monster 2

my situation is

my company -> agent -> client

So not the same then..

I doubt I will have the ***** to go ahead with it unless I am totally sure I won't get sued..

As to payout amount or how much they are making at a guess.. something like 40pound a week.. so I suppose they might accept 6months worth, just over a grand.. but thinking about it I doesn't fancy coughing that up in one lump.. although it might be worth it.

I suppose if I were to go direct, then get found out and say "Oh sorry, my mistake here have a grand" then I am showing willing but still might get the **** sued off me..

JGM

MarkO

This may sound stupid, but why not ask the Agent? You never know...

Jolly Green Monster 2

Don't even know if the client would go for it yet either..

just a thought..

JGM

ProperCharlie

Agents are usually open to negotiation, and there isn't always a clause to say that you can't go and join another agency and go back to tha same compnay on different terms and conditions.

When I have taken on temps that I want to take on full time I have 'phoned up the agency and said listen i'll give you, say £500 to buy out this temps's contract. they say no way. i say ok then i'll finish them at the end of the week and recruit someone else myself. then they say ok how about £750?