I have a PSC contract via an Agency with a Consultancy who hired me for one of their End Users.
The Consultancy has decided not to extend me as they are no longer willing to take on the financial risk with the End User. No details were given but I can only assume this is due to the current coronavirus crisis and a possible change of payment terms.
The decision was made after the end date of the previous extension and there was no opportunity to handover.
The End User has now asked if I am willing to go direct as the project is at a critical stage and due to go live soon. I am happy to do so and take on the financial risk as long it does not put me in legal jeopardy.
The wording of my contract states that I cannot work for the Consultancy for a period but does not mention anything about working for End Users. I assume any such restriction would be covered in the Consultancy contracts with the Agency and with the End User.
As my only contract is with the Agency, I asked them if they could confirm that going direct is not a breach. They are not willing to do so because of their contract with the Consultancy and have advised that I should get clearance directly from the Consultancy.
I came across the Contracts (Rights of Third Parties) Act 1999 which is mentioned in my contract and I am trying to understand how it applies. Does it give the Consultancy the same rights as the Agency?
I need to understand what options I have (if any) now that the Consultancy has effectively 'withdrawn' from the agreement.
Thanks
The Consultancy has decided not to extend me as they are no longer willing to take on the financial risk with the End User. No details were given but I can only assume this is due to the current coronavirus crisis and a possible change of payment terms.
The decision was made after the end date of the previous extension and there was no opportunity to handover.
The End User has now asked if I am willing to go direct as the project is at a critical stage and due to go live soon. I am happy to do so and take on the financial risk as long it does not put me in legal jeopardy.
The wording of my contract states that I cannot work for the Consultancy for a period but does not mention anything about working for End Users. I assume any such restriction would be covered in the Consultancy contracts with the Agency and with the End User.
As my only contract is with the Agency, I asked them if they could confirm that going direct is not a breach. They are not willing to do so because of their contract with the Consultancy and have advised that I should get clearance directly from the Consultancy.
I came across the Contracts (Rights of Third Parties) Act 1999 which is mentioned in my contract and I am trying to understand how it applies. Does it give the Consultancy the same rights as the Agency?
I need to understand what options I have (if any) now that the Consultancy has effectively 'withdrawn' from the agreement.
Thanks
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