Switching agents mid contract

[LondonGirl]

can you switch agents mid contract and stay with the same client?

I really like where i work, i can't stand the useless agency i'm with

[Kelstar]

Handcuff clause

This may be a useful read http://forums.contractoruk.com/accou...on-clause.html

You most likely have a handcuff clause, which will prevent you being able to switch agents and stay at the same client.

Hope this helps

[northernladuk]

In nearly every case the answer is no. You are effectively cutting off the comission to the first agent and giving it to the 2nd for doing no work. The clause in your contract will cover this as you can see in the thread already linked.

Below is a search of the site for all threads containing handcuff clause discussions. You will find your situation many times in these and some good advice...

handcuff clause search

When you say you don't 'like' them. If it is personal then no chance, if it something underhand that may affect the client you could speak to your client to point out their actions are putting your work there at risk but it is not adviseable to get the client involve in agency discussion. He pays them so he doesn't have to put up with all that.

[LondonGirl]

In nearly every case the answer is no. You are effectively cutting off the comission to the first agent and giving it to the 2nd for doing no work. The clause in your contract will cover this as you can see in the thread already linked.

Below is a search of the site for all threads containing handcuff clause discussions. You will find your situation many times in these and some good advice...

handcuff clause search

When you say you don't 'like' them. If it is personal then no chance, if it something underhand that may affect the client you could speak to your client to point out their actions are putting your work there at risk but it is not adviseable to get the client involve in agency discussion. He pays them so he doesn't have to put up with all that.

I went via my current agent for my first role with this company, i had a contract extension after 3 months but the opportunity to move into a better team arose and took it. i could have done a 'fixed term' directly with the client but i chose to go via the agent (i now regret this). As i see it they didn't find my current role i did this myself so when this contract expires, why can't i choose another agency?
sorry i'm new to contracting after being perm for 10 years. and is it also true that companies dictate the amt of commission the agents take out?

[TheFaQQer]

In nearly every case the answer is no. You are effectively cutting off the comission to the first agent and giving it to the 2nd for doing no work. The clause in your contract will cover this as you can see in the thread already linked.

I'd suspect that there is a clause between client and agency which is even more restrictive than the one between supplier and agency.

[TheFaQQer]

As i see it they didn't find my current role i did this myself so when this contract expires, why can't i choose another agency?

Because you had a contract with the first agency, which in all likelihood prevents you from doing this. Alternatively / additionally, the contract between the agency and the client will have a similar (or even more restrictive) clause in it.

is it also true that companies dictate the amt of commission the agents take out?

No.

Either the client said to the agent "find me someone, and you get x% margin" or they said "find me someone - your budget is £x a day". Under the first, the more expensive the contractor, the better for the agency because they get more money. Under the second, the cheapest the contractor, the better for the agency because they keep what doesn't get paid to the contractor.

It's probably worth reading the First Timers Guide on the right hand side. Also, join the PCG and read their guides.

And welcome

[northernladuk]

I'd suspect that there is a clause between client and agency which is even more restrictive than the one between supplier and agency.

This is very true but funnily enough the only time I have ever been in anything like this is when the client initiated a move for me to go from agent to supplier (similar to the other thread) but it all went super smooth so assumed that one can be bucked in the name of future business a lot easier. Different situation as the client drove my move.

[northernladuk]

I went via my current agent for my first role with this company, i had a contract extension after 3 months but the opportunity to move into a better team arose and took it.

What do you mean move to a better team? Same agency+ client just different contract role?

i could have done a 'fixed term' directly with the client but i chose to go via the agent (i now regret this). As i see it they didn't find my current role i did this myself so when this contract expires, why can't i choose another agency?

Fixed term contracts are a completely different ball game. You are effectively employed with no benefits. It isn't the same as being a supplier contracted to a client.

You need to apply a bit of nouse here. Think about how you would run a business. If you introduced someone to a company and then 6 months later you stopped making any money out of them you would be agrieved. They introduced you, they have dibs on you. Rightly or wrongly that is the way agents work.

sorry i'm new to contracting after being perm for 10 years. and is it also true that companies dictate the amt of commission the agents take out?

Companies is who?? You need to get your terminolgy right? You mean your client. In some cases on larger accounts there is an agreed mark up, around 12-15% from what is said on here. If this agreement isn't in place then they do not dictate anything. They give the agent (for example) £600 a day for a role, it is then up to the agent what he gives you. If you are dumb enough to accept £250 then happy days for the agent. people on here have admitted to their agents taking over 150% of their rate before now. It is up to you to negotiate. If the client wants you you are in a strong position to negotiate. This is where experience comes in to it though, knowing your skills, the markets the client etc.

[TheFaQQer]

This is very true but funnily enough the only time I have ever been in anything like this is when the client initiated a move for me to go from agent to supplier (similar to the other thread) but it all went super smooth so assumed that one can be bucked in the name of future business a lot easier. Different situation as the client drove my move.

When I was working for a consultancy (permie), the client sounded me out about going direct as a contractor. And then found out that they had a handcuffs clause, which they had insisted the consultancy put in there.

The good thing was that I was at least aware that my employer didn't always put it in as routine

[LondonGirl]

What do you mean move to a better team? Same agency+ client just different contract role?



Fixed term contracts are a completely different ball game. You are effectively employed with no benefits. It isn't the same as being a supplier contracted to a client.

You need to apply a bit of nouse here. Think about how you would run a business. If you introduced someone to a company and then 6 months later you stopped making any money out of them you would be agrieved. They introduced you, they have dibs on you. Rightly or wrongly that is the way agents work.



Companies is who?? You need to get your terminolgy right? You mean your client. In some cases on larger accounts there is an agreed mark up, around 12-15% from what is said on here. If this agreement isn't in place then they do not dictate anything. They give the agent (for example) £600 a day for a role, it is then up to the agent what he gives you. If you are dumb enough to accept £250 then happy days for the agent. people on here have admitted to their agents taking over 150% of their rate before now. It is up to you to negotiate. If the client wants you you are in a strong position to negotiate. This is where experience comes in to it though, knowing your skills, the markets the client etc.

yes i mean the client. the agency told me they get told by the clients what the mark-up should be. but how did people find out what the mark-up was? i asked the agent and was told it's confidential and that after a year the agency doesn't make any money at all etc, etc and after a rate cut, how can you get your original rate back?