urgent ! handcuff clause query

[radish2008]

I finished a contract 2 months ago that was worked through an agency. The client has now contacted me directly to offer me a different position but I had a handcuff clause in my previous contract through the agency. The agency no longer supplies IT staff at all so there is no way they could have offered me this contract. Am I still bound by this clause and do I literally have to phone them and tell them my client would like to give them some money fir no effort on their part ?

[b0redom]

Did you opt in or out of employment regulations before meeting up with the end client. Assuming that you opted in which is pretty likely, unless you explicitly opted out before an interview, the handcuff clause is worthless.

[craig1]

I finished a contract 2 months ago that was worked through an agency. The client has now contacted me directly to offer me a different position but I had a handcuff clause in my previous contract through the agency. The agency no longer supplies IT staff at all so there is no way they could have offered me this contract. Am I still bound by this clause and do I literally have to phone them and tell them my client would like to give them some money fir no effort on their part ?

Quick Q to start: Were you opted out?

If not then your handcuff clause is effectively irrelevant as far as you're concerned as you're past the time limit.

If you did opt out then it's potentially more tricky, you could try to bluff it but it's probably best to approach the client to see if their contract with the agency ties them.

If I were in your position though, I'd be open with the client and pass the buck entirely to them to resolve. It sounds like they value you and want you so they should have few issues with buying out the contract with the agent, if necessary.

[radish2008]

Did you opt in or out of employment regulations before meeting up with the end client. Assuming that you opted in which is pretty likely, unless you explicitly opted out before an interview, the handcuff clause is worthless.

I think I opted out after the interview (telphone interview)

Does this make a difference ?

[chef]

I think I opted out after the interview (telphone interview)

Does this make a difference ?

yes, it means the opt out is worthless as you should opt out before being introduced to the client, as you had a phone interview with them you were introduced.

[radish2008]

Cheered guys. I have mentioned it to the client but didn't know if I should approach the agency.

They only took a small cut and I wad always paid on time so I had no complaints, I was just trying to save the client a few quid.

[TheFaQQer]

It's not worth mentioning it to the agency - as others have said, you were opted in because you did not opt out, in writing before being introduced to the client. The introduction was at the interview stage, so to opt out later than that isn't valid - most agents will tell you that it is when you start work, but that isn't really the case.

The client might need to check what their contract with the agency said, though, as there may be fees due to the agency if they take you on. You don't want to put yourself in the middle of an argument between client and agency when you don't have to.

[Scrag Meister]

Cheered guys. I have mentioned it to the client but didn't know if I should approach the agency.

They only took a small cut and I wad always paid on time so I had no complaints, I was just trying to save the client a few quid.

Doh!!!!!

Are you sure you didn't mean that you wanted half the margin.

[radish2008]

Thanks for all of the replies - I spoke to client who said the they will chase it up with the agency. Got the gig and am London bound - first time I've had to bump a client but was on the penultimate day of a 2 week zero notice period and they were grateful not to be messed around. So a good result all round - I just hope the contract turns up now ...