going direct after using an agency

[1966blue]

I hve been in a contract for a company in london that has lasted almost 4 years. During this time my agency has picked up 20% of the fee.

I have just been offered another 6 months by the client, however during a discussion with the client it transpires they are going to ask the agency to reduce their cut to 10% (about time). The agency will I am sure try and pass some of this loss onto me. I am not going to accept this, and have told the client so (who actually agree with me).

If I get into a situation where the extention falls through because the agency do not accept the new terms and conditions, were do I stand legally on the possibility of going direct with the client? I have the standard 12 month exclusion clause in the contract but I think after 4 years they no longer have a reasonable right to hold me to this.

Also, the client has already told me they wouldn’t replace me as i am doing specialised work, so the agency cant offer them someone else. In effect the agency will have lost me the contract so would I not then be free to approach the client direct as it is my right to work?

Any help would be appreciated.

[freshblue]

Contract

Hard one as the usual covenants should still be in place regardless of term. You also need to understand the contract restrictions between client and agency as it is not just down to your contract between agency and you.

[ChevyChase]

If you full-stop refuse to take any cut and the client steadfastly refuses to sign any contract without a 10% cut and tells them they want you and no-one else then the agency will have no option to sign at the reduced rate.

They're businesspeople - they would rather take 10% than nothing.