Going direct with client (different position from agency)

[Gti182]

Hi all,

This is a tricky one for me but i'm sure its probably come up here a lot.

Basically i've worked for a company through an agency for +- 9 months and then took a 3 month break to do some travelling.

During my time off my original agency contacted me and said somebody in the same company but in a different department offered me a short project for 4 weeks.

I accepted but now my previous boss (now in a different role from when i first started) has said he'd like to take me on again.

As most of the contractors working here are employed directly my ex boss doesn't have an issue hiring me directly which is great. I'm just concerned legally if i'm allowed to?

[kevpuk]

<snip> i'm sure its probably come up here a lot.
<snip>

....and what did your Search find?

How did I do, NLUK

[DirtyDog]

What did your contract say about you returning? What is your opt-out status?

I'd say go for it after a three month break, regardless of the answers to those two questions.

[GillsMan]

Contract is likely to have a handcuff clause preventing you from working with the client sans agency for a period of 6-12 months. The general advice is that a 12 month clause is likely to be unenforceable (though I don't know if this has been tested in the courts).

Personally, though, I would do it, and I have done it with two previous clients. With one client I am often doing pieces of ad-hoc and fixed price work, and have been since within maybe two months of leaving the traditional contract-type role there. Haven't informed the agent, the agent doesn't know and frankly they did well out of my time there. It depends on your aversion to risk I suppose. I'm generally quite risk-averse, but am happy to operate like this to be frank.

[northernladuk]

....and what did your Search find?

How did I do, NLUK

8 out 10 young padawan. We like the bold but you need to put the link to how to search to complete the education.

[Gti182]

....and what did your Search find?

How did I do, NLUK

Thanks for this i did a search but my situation is slightly different to the usual "go direct" post as i've found a different role myself without the agencies help and not the same role the agency found for me.

Contract is likely to have a handcuff clause preventing you from working with the client sans agency for a period of 6-12 months. The general advice is that a 12 month clause is likely to be unenforceable (though I don't know if this has been tested in the courts).

Personally, though, I would do it, and I have done it with two previous clients. With one client I am often doing pieces of ad-hoc and fixed price work, and have been since within maybe two months of leaving the traditional contract-type role there. Haven't informed the agent, the agent doesn't know and frankly they did well out of my time there. It depends on your aversion to risk I suppose. I'm generally quite risk-averse, but am happy to operate like this to be frank.

Thats quite useful to know thank you. I think i may just try do this and ask the client to keep it on the DL.

[Antman]

It's a risk you have to take, agency could see it on your linkedin profile for example and kick up a fuss, (I'm updating mine when I leave the client). On the other hand a recruitment agency is in the business of placing bodies with clients not going to court...

You mentioned that there are other contractors working direct which seems to suggest that the end client isn't using some PSL. So the agency would have a harder time trying to prove a loss that they were being by-passed.

[DirtyDog]

If you didn't opt out correctly, there's naff all they can do anyway.

[Gti182]

It's a risk you have to take, agency could see it on your linkedin profile for example and kick up a fuss, (I'm updating mine when I leave the client). On the other hand a recruitment agency is in the business of placing bodies with clients not going to court...

You mentioned that there are other contractors working direct which seems to suggest that the end client isn't using some PSL. So the agency would have a harder time trying to prove a loss that they were being by-passed.

You make a good point. I did think about the linkedin thing and what i'd say if my agency asks what my work status was.

It may be a risk i'm willing to take as i could undercut the agency rate resulting in a win win for myself and client both being better off.

I could possibly ask the client to list the role on their internal website and formally apply in my own capacity, may help my case slightly if the agency was to find out.

[northernladuk]

Thanks for this i did a search but my situation is slightly different to the usual "go direct" post as i've found a different role myself without the agencies help and not the same role the agency found for me..

What the posts should have made clear is where the handcuff is applicable. If you found a role internally that would normally go to the agent then the handcuff comes in to play as they are rightly protecting their business interest. If the role is with an area that the agency does not work in there would have been no chance for them to have made any money therefore the handcuff is meaningless.

Any handcuff has to be fair and reasonable to be enforceable.