Leaving an agency + umbrella co. legally?

[gecko]

To anyone who can help.

I got a freelance job at a blue chip client a few years back through an agency. That agency hasn't gotten me any more clients since then and I thus wonder to myself why I'm still paying them commission for a relationship that is clearly not a symbiotic one. I get 1-2 weeks work every few months with this client, and in these tough times I'm tempted to leave the agency and not pay commission or employers NI through the umbrella company. I'd rather just pay my fair share of employees NI.

I've talked with the agency about this lack of more clients and they say that historically they don't get much work in my field.

I don't recall ever seeing a contract, but guess that the client and agency had a contract. Just a guess from me. I want to do things totally legally and thus need some advice.

Thanks for any help.

[deckster]

What does your contract with the agency say?

If you don't have one, they can't enforce anything...

[zara_backdog]

If you are Feelance - why have you not looked for other roles youself or approached other agents - even if this is for part-time roles you could fit in around your current client?

[blacjac]

And why are you paying them commission if you are not working?



Agents in our sense are not like footballers agents, who work for the footballer and take a comission.

An agent in our sense, works for the end customer to find us, then takes their money from the client. E.g. you agree £30 an hour with the agent, the agent then sells you to the client at £35 an hour.

[gecko]

I don't have a contract. But the agency and the company most likely do and the company would probably be sued if they just hired me without the agency.

I do other work, in a self-employed capacity.

I realise that the agent gets their cash from the client, but I don't get my full rate because my rate + agent rate is higher than the company is paying. Thus my rate goes down, in effect I'm paying the agent fee.

Thanks all for posting

[NotAllThere]

If you're working through a brolly, employers NI is your fair share.

[Svalbaard]

Agree with the post above. If you go through a brolly don't forget you will be paying:

1. Umbrella service costs as a % of invoice, or as a set rate.
2. Employers NI.
3. Employees NI.
4. Possibly PI insurance as well.

Best of luck.