Consultancy Changing Supplying Agencies

[dave_m13]

Hi All

I've been contracting for a while and this hasn't happened to me previously.

Currently work through MyCo - Agency - Consultancy - Client

Consultancy had several supplying agencies, they have now decided that they are now only going to deal with 1. So my contract is not going to be renewed with current agency, however the consultancy would like me to continue with their new agency but the current agency is not agreeing to the t&c's from consultancy/new agency, whatever they may be.

I do have a handcuff in my contract of 12 months with the agency, to be honest I don't usually care as I've never needed/wanted to return.

What are my options, do I have any or do I just move on and put that one down for something to learn from for the future.

Thanks

[BlasterBates]

I would let the agency and consultancy come to some sort of agreement, if not try and come to some sort of agreement with the old agency. If that doesn't work go and see a lawyer or move on. Quite often if you simply ignore the handcuff clause then the agency will huff and puff but in the end move on themselves.

[WTFH]

What are my options, do I have any or do I just move on and put that one down for something to learn from for the future.

If the consultancy want to keep you on, then they and the new agent need to agree a buyout figure with your current agent. If they won't do that, then I'd advise that you should walk.

[gables]

This happened to me, my agent at the time was dropped from the PSL and at renewal I moved to an agent on the PSL. There was nothing the old agent could do, the handcuff wouldn't apply as there wouldn't be any loss of business by virtue of there being no more business.

[TheFaQQer]

There was nothing the old agent could do, the handcuff wouldn't apply as there wouldn't be any loss of business by virtue of there being no more business.

This gets suggested a lot round these parts, but IIRC Andy Hallett has said that he has personally been involved in cases where the old agency has gone to court and won. I would be wary of relying on the advice that the agency can't do anything, unless there is a statute or relevant precedent that shows otherwise.

It might be worth letting the client know that there is a chance that you'll be leaving because of the issues with the consultancy / agency.

[anonymouse]

This happened on my last contract

All got an end of contract termination, with a new contract with the new agency. It was all agreed at a higher level, it just depends how they are managing it.

[dave_m13]

It might be worth letting the client know that there is a chance that you'll be leaving because of the issues with the consultancy / agency.

The consultancy are a supplier to client as well. I do not think the client would really care all that much, as long as the consultancy completes their work packages. It's a public sector client.

Thanks all. Some conflicting answers. Difficult one I think.

[TheFaQQer]

The consultancy are a supplier to client as well. I do not think the client would really care all that much, as long as the consultancy completes their work packages. It's a public sector client.

In which case, you have very little leverage. Start dusting off the CV and see what else is out there.

[Lance]

The consultancy are a supplier to client as well. I do not think the client would really care all that much, as long as the consultancy completes their work packages. It's a public sector client.

Thanks all. Some conflicting answers. Difficult one I think.

HP (now DXC) used to do this quite often. Never caused any issues, although the agents got grumpy. Let the client and the agencies fight it out.
Don't say squat to the old agency. They've terminated you so cease communication (other than chasing payment). You could even ask them if they've got any other roles you might be interested in.

It's almost certain the client will have it sorted. And it's almost certain that the agency are more interested in getting back on the PSL than causing trouble.

[ladymuck]

I try to get handcuff clauses removed from any contract for this reason. Makes life a heck of a lot easier. It's harder to do if the agency genuinely introduced you to the client but quick and simple if you have a prior relationship with them.

The only thing you can do is encourage the consultancy to sort it out with the agency they're moving away from. It's not your fault that they don't want to deal with that company any more.

If you do move to another agency with the same consultancy/client make sure you get the handcuff clause removed.