Company-Agency-Client Disagreement

VitalyT

If there is a better thread here to ask this type of question, please point one out. For now, here's my question...

One month ago I was approached by an employment agency for an interview on a one-month contract position. The agency agreed to my requirements for the daily rate, while mentioning they might reconsider it, should the employer want me for longer. Now one month later, the client desperately wants to extend my contract for a longer term, and the agency henceforth wants to cut my payments, which makes me very unhappy.

What rights do I have in this situation? Can I dump such agency, as it now only gets in the way and deal with the client directly? Should I go to a different employment agency that would represent me to my client fairly?

P.S. I am set up as a limited company, in which capacity I was hired by the agency.

Farcear

What did you use in the topic title that made it appear like that?


Also, we can't give legal advice. Have a look at the charter for details.

VitalyT

Farcear wrote: »

What did you use in the topic title that made it appear like that?

I used arrows that were translated like that, so I changed it straight away.

Farcear wrote: »

Also, we can't give legal advice. Have a look at the charter for details.

At the moment I'm looking for any advise I can get. I understand it cannot be considered legally credible, if somebody decides to express his opinion about this, but it is still a welcome one.

In the meantime, I'm trying to organize a legal advise from a certified solicitor, just wanted to hear at least something here

Milk & Honey

Agencies get paid on commission, so it seems to me that your employer is using the agency to cut the rate. All you have to do is threaten to walk. Call their bluff!

VitalyT

In my current situation I can't afford losing a single day, and it is not just myself, but also the employer, as they have an urgent project that I'm doing for them. For this reason taking a bluff may be too risky, if it costs me several days, if not longer.

I am looking for a seamless extension to my current contract without losing the money I'm paid at the moment, and my employer is completely agreeable and sympathetic to the situation. They agree that the agency is trying to pull a fast one, but we are not sure yet what we can do from both sides. Ideally, I would want to dump the agency and go working for the client directly, but the agency won't have it, they got a contract signed with the client that won't permit it.

So, the two options i'm thinking about...

1. What the agency is doing at the moment constitutes a legal barrier, i.e. gets in the way of both my and client's interest. SO I'm wondering, if this in any way create legal grounds for treating the contract between the agency and the client as void.

2. Going to another agency that will agree to pick me up for the same amount (I already have such agency). Just not sure if it is completely legal...

nuac

Talk to a solicitor.


that said courts do not favour contracts in restraint of trade.

seagull

Is it the client looking to drop the rate, or the agency looking for a larger slice?

I would imagine there is a clause in the contracts with the agency signed by both yourself and the client that prevents them being dropped.

nuac

seagull wrote: »

Is it the client looking to drop the rate, or the agency looking for a larger slice?

I would imagine there is a clause in the contracts with the agency signed by both yourself and the client that prevents them being dropped.

Yes there may be such a clause. Enforcing it is scéal eile

Victor

You have a contract with the agency, not their client.

Potentially, you (or your comapny) could agree to work directly for the client, just the client needs to pay off the agency, based on whatever agreement they have with them