• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Accepting T&Cs before introduction to client???

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Accepting T&Cs before introduction to client???

    Bit of a dilemma.

    Recently been asked by an agency if I could fill in an authority form to agree that they could represent me for an interim role. That's fine, but what was emailed through was a list of requirements including;

    "Confirmation that you are happy to work under the attached Terms and Conditions" (no T&Cs attached)

    and

    "The [Agency] contractor’s contract (a copy of which is attached for information purposes only) has been drafted to reflect the requirements of the Client. Whilst we are happy to consider reasonable requests for legitimate amendments to the contract, changes will not be made purely for the sake of improving a contractor’s position with regards the IR35 legislation."

    Given I don't want to pay for a contract review when I haven't even been in to see the client this is non starter. I could ask for a copy of the contract and review it myself - but that paragraph above gives me concerns because it suggests they've had problems in the past.

    If I just ignore all of the stuff the agent sent through to me (pretty sure he sent the CV over without waiting to get the authority back) then am I in danger of accepting those T&Cs by default?

    Or I email back telling him this is ridiculous.

    What do you think?

    #2
    That sounds like Alexander Mann's standard approach, my answer was to accept subject to a later detailed review.

    After the client offered, the review threw up some issues which were resolved.

    Comment


      #3
      Originally posted by TykeMerc View Post
      That sounds like Alexander Mann's standard approach, my answer was to accept subject to a later detailed review.

      After the client offered, the review threw up some issues which were resolved.
      +1

      Accept subject to it not being binding
      Best Forum Advisor 2014
      Work in the public sector? You can read my FAQ here
      Click here to get 15% off your first year's IPSE membership

      Comment


        #4
        Originally posted by SarahL2012 View Post
        Bit of a dilemma.

        Recently been asked by an agency if I could fill in an authority form to agree that they could represent me for an interim role. That's fine, but what was emailed through was a list of requirements including;

        "Confirmation that you are happy to work under the attached Terms and Conditions" (no T&Cs attached)

        and

        "The [Agency] contractor’s contract (a copy of which is attached for information purposes only) has been drafted to reflect the requirements of the Client. Whilst we are happy to consider reasonable requests for legitimate amendments to the contract, changes will not be made purely for the sake of improving a contractor’s position with regards the IR35 legislation."

        Given I don't want to pay for a contract review when I haven't even been in to see the client this is non starter. I could ask for a copy of the contract and review it myself - but that paragraph above gives me concerns because it suggests they've had problems in the past.

        If I just ignore all of the stuff the agent sent through to me (pretty sure he sent the CV over without waiting to get the authority back) then am I in danger of accepting those T&Cs by default?

        Or I email back telling him this is ridiculous.

        What do you think?
        But surely you're not agreeing to the contract at this stage? You're just agreeing to their comment about changes.

        Have had one or two of these mind where agency has sent the contract up front and said its not negotiable. Didnt get the gig but I did wonder.
        But, sometimes I think its better than some of them where they're trying to get a definite out of you without even seeing the contract.

        My current gig was like that. Had a right ding dong with agent who wanted to agree to commit without seeing contract. Then told me I was being unprofessional by not commiting and that its was 'just paperwork' and we'd discuss this when it was all agreed. They do if for extensions too - try to get me to agree without discussing anything then do it later.
        Rhyddid i lofnod psychocandy!!!!

        Comment


          #5
          Originally posted by psychocandy View Post
          But surely you're not agreeing to the contract at this stage? You're just agreeing to their comment about changes.
          Unfortunately they are asking for agreement to the T&Cs (which they actually forgot to attach to the email anyway)

          Originally posted by TykeMerc View Post
          That sounds like Alexander Mann's standard approach, my answer was to accept subject to a later detailed review.

          After the client offered, the review threw up some issues which were resolved.
          It is indeed. If they were happy to adopt that approach with you then I'll go with it.

          Thank you all for your responses!

          Comment

          Working...
          X