Agency terms restriction of Trade ?

[Eggnchips]

Hi
I recently applied for a contract role, did the usual telephone and face to face interview and was offered the post. The agency called and informed me and started talking about a start date. I then mentioned that I had been weekly paid for 12 years through a range of agencies. I was then told that although they ran a weekly payroll they would only do monthly for this client. At no time prior to the offer sis they mention these terms. As the client has offered me the role are the agency restricting my trade by applying these rules which were not made clear at time of application or prior to offer.

[meridian]

Hi
I recently applied for a contract role, did the usual telephone and face to face interview and was offered the post. The agency called and informed me and started talking about a start date. I then mentioned that I had been weekly paid for 12 years through a range of agencies. I was then told that although they ran a weekly payroll they would only do monthly for this client. At no time prior to the offer sis they mention these terms. As the client has offered me the role are the agency restricting my trade by applying these rules which were not made clear at time of application or prior to offer.

Does this help? https://www.gov.uk/invoicing-and-tak...nt-obligations

In what way are the agency restricting your trade? This has nothing to do with allowing you (or not) to work, it's about payment terms. You've been very lucky so far in having weekly payments, what's the problem in having monthly payments?

[NotAllThere]

No. It's not restriction of trade. It is most likely the agency trying it on - they much prefer monthly payments.. Tell them you will not sign the contract unless they agree weekly payments. Simple.

[Eggnchips]

I asked because the agency are withdrawing the offer if I don't accept their terms. They have already emailed stating that I have to accept by lunchtime or lose the contract. They also do pay weekly for other contractors on their books

[malvolio]

No. It's not restriction of trade. It is most likely the agency trying it on - they much prefer monthly payments.. Tell them you will not sign the contract unless they agree weekly payments. Simple.

No, rubbish. It's all about risk management. Do a credit check on the agency, if they are stable and profitable then monthly is an acceptable risk, if they've got fourpence in the bank then probably shouldn't use them anyway.

But turning away several 10s of £k business for no real reason is stupid And if you're that worried, IPSE+ membership will cover the additional risk

[eek]

I asked because the agency are withdrawing the offer if I don't accept their terms. They have already emailed stating that I have to accept by lunchtime or lose the contract. They also do pay weekly for other contractors on their books

"That's a shame. I hope you don't mind when I phone the person who interviewed me to apologise for the fact the agency are messing both you and me around and therefore I am unable to take the contract..."

I find that works wonders with agencies....

[TheFaQQer]

"That's a shame. I hope you don't mind when I phone the person who interviewed me to apologise for the fact the agency are messing both you and me around and therefore I am unable to take the contract..."

I find that works wonders with agencies....

Done that before and miraculously the new contract appeared with the changes I wanted.

Of course, you have to be prepared to do it and walk away if necessary - if you aren't and the agency tells you to go ahead, then you look a bit silly to say the least.

[NotAllThere]

No, rubbish. It's all about risk management. Do a credit check on the agency, if they are stable and profitable then monthly is an acceptable risk, if they've got fourpence in the bank then probably shouldn't use them anyway.

But turning away several 10s of £k business for no real reason is stupid And if you're that worried, IPSE+ membership will cover the additional risk

Nice advert for IPSE...

I'm not entirely sure what I wrote above that was "rubbish". Credit checking any agency is due diligence. But even if they're exceedingly credit worthy, if the contractor feels that weekly payments are paramount, that's what he feels. Personally, if there was little risk, I couldn't be bothered with the extra paperwork.

You've also "rubbishly" not considered that not using the agency isn't exactly without problems.

I asked because the agency are withdrawing the offer if I don't accept their terms. They have already emailed stating that I have to accept by lunchtime or lose the contract. They also do pay weekly for other contractors on their books

Just have to see who blinks first. If you want, you could reply saying "Agree to weekly billing or lose the contractor". In combination with what eek said, that should do the trick, since the agency turning away a client's preferred candidate and therefore risking potentially thousands would indeed be extremely stupid.

Your choice, your risk.

[WordIsBond]

I asked because the agency are withdrawing the offer if I don't accept their terms.

I offered to work for a client for £2000 an hour. They didn't accept my terms, so I withdrew the offer. Was that restriction of trade?

The client asked me instead to work for £2 an hour. I didn't accept their terms, so they withdrew the offer. Is that restriction of trade?

In what world is it "restriction of trade" when someone withdraws an offer that hasn't been accepted under the terms they offered it? That's not a world I want to live in.

[Eggnchips]

Thanks for the comments, the agency have around 50 or so contractors on site and they say that they are all paid on the same basis, she also said that she had spoken direct to the hiring manager who will use another candidate. its obviously their prerogative but I walked out of the interview knowing that I had a start. The sad thing is that its about 20 minutes from home and an ideal job, for personal reasons I don't have reserve funds to see me through to the end of the calendar month for July