Switching agency?? :o

**Normie** · 4 August 2005, 12:45

Difficult to say. What does your contract say? Are you opted in or out of the agency regs?

Cheers,
Ian

**malvolio** · 4 August 2005, 12:47

The rule is whatever is says it is in your contract. You might have to read it to find out, but any restricition is probably between you and the end client for a period of time, not for a given piece of work.

**insight14** · 4 August 2005, 13:04

If you are not opted-out of the agency regs (it will say in your contract) then you can do whatever you want at the end of you contract. You can go direct with the client, or use another agency (regulation 6).

However under regulation 10, the new agency would have to negotiate a fee with your current agency to take over your contract. Alternatively, the old agent might retain your contract for a specified period (say 8 weeks) in lieu of a transfer fee.

If you are opted-out of the agency regs, its down to whatever is in your contract.

**malvolio** · 4 August 2005, 13:15

Originally posted by insight14

If you are not opted-out of the agency regs (it will say in your contract)

Errm, I hate to be picky, but I rather hope that people actually know if they're opted in or out; it's supposed to be a case-by-case decision and notified in writing (or email). It's also not part of your contractual arrangements, although you can expect to have different clauses to reflect the status, so I wouldn't expect to see any reference to it in the contract.

Or are people signing contracts that include the requirement that they opt in or out of the regs? - if so, they're being dim and the contract is not strictly kosher.

**Mailman** · 4 August 2005, 13:45

It all depends on what is in your contract.

If you are opted in and there is a clause that allows for the management out of the relationship of the agent then you can do what ever you like (this will either be a set number of weeks if changing to another agent or an upfront amount payable to the agents, usually by the client if going direct).

If you are opted in and there is no clause that describes how the agents can be managed out of the contract then you can do what ever you please.

However, if you are opted out then in my learned opinion you are a fool!

Mailman

**panadol** · 4 August 2005, 14:39

I checked, I have opted out!!

This is the situation.

My contract is finishing this week. The client want me to join another project team, however, if I am extended based on the current rates, the other team cannot afford to have me.

It is because my agency is charging SO MUCH! If I go direct with the client, I'd possibly get more than what I am getting, so it is a win-win.

However, my client thinks that they'd have to wait for a year before they could employ me without the agency.

Does the opt in/out clause related to what i can do AFTER the end of my contract?

i will have to check my contract for the clauses...

**Mailman** · 4 August 2005, 14:58

Yes...your contract will still be enforceable after it finishes (at least thats what the agents will harp on about).

However you can tell them that you have been asked to stay on but they will have to drop their rate. If they refuse then go direct and tell them to get f*cked (make sure before you tell them to get f*cked that they pay you everuything you are owed though)

As another well informed contributor of these forums says, this advice is worth about as much as you paid for it

Mailman

**insight14** · 4 August 2005, 15:01

Originally posted by panadol

I checked, I have opted out!!

Does the opt in/out clause related to what i can do AFTER the end of my contract?

Yes. It sounds like the client has a 12 month non-solicitation clause in their contract with the agency. You will probably have something similar, in an unfair competition clause. The agency regulations 2003 put a stop to this sort of carry on, but people (like yourself) often opt-out of the regs without realising the implications.

So basically you are screwed. There are some different tactics that your employer can use to try to get your contract from your current agent, but you can bet it will be expensive.

And now Mailman will call you a fool for opting-out.

**malvolio** · 4 August 2005, 15:09

Go read what Roger Sinclair of EGOS has to say on the subject. In effect, any such restriciton of more than about three months, in most cases, will be seen as unreasonable by a court of law since it amounts to artifical restraint of trade, in which case the whole clause can be disregarded.

The best escape route is to use your client's desire to keep you on. Go direct with them and ask the client to tell the agenct why they are being sidelined - they may then stay in the loop at a much reduced margin rather than lose the business altogether. If the agency scream and shout and threate action, refer them to Mr Sinclair's legal (and very qualified) opinion and leave them to it. If the clause is for a year, nobody will support it.

Switching agency?? :o