Forfeiture of Contractor Fees's - Is it Legal

[TykeMerc]

Your client's boot, applied to the agency's rear, probably has more clout than you do on your own.

WHS.

In any situation such as this getting the client on your side is the winning strategy, in doing this the critical element is to make sure the client feels you're being reasonable and not whining.

[The Lone Gunman]

Sorry for being late on this one.

First a question: Did you sign an opt out form before taking this contract?
If you did not then the answer you require is in the Conduct of Employment Agencies Act (google it).

If you did then I dont know where to look, but do not sign it.

Send them something that is traceable when you tell them the clause is unacceptable.
In the same letter add something like:
All work completed as part of the contract will be paid at the contract rate upon receipt of a valid time sheet. Any work not accepted within the terms of the contract will be billed at our normal day rate of 1000 GBP per day.

They wont wear that, but it might focus them into agreeing to remove the offending clause.

[deneway]

Thank you all,


There was no opt out so..
The email has been sent, will be interesting so see the reply this time..
I will keep you updated with the progress.

Cheers..

[gingerjedi]

I'm with the same agency see Linky.

I just sent them an email stating that my contract is bound by the T's & C's at the time of signing, I know 2 other contractors who are doing the same.

Are you at HP? After my first 3 months were up I told them that the contract didn't reflect the work involved and I wanted a rate rise, they gave all sorts of excuses to not pursue this but promised to look into it providing I sign the extension, I wont hold my breath hence why I'm looking to ditch this at the first decent opportunity.

[deneway]

Yes at the same place, what part of the country are you in (London for me)

There have been a few email exchanges so far today, but they haven't backed down, after sending the link:

www.opsi.gov.uk/si/si2003/20033319.htm#12

the emails subsided and I received a VM to call them, they can put whatever they have to say in writing.

Thought I was the only one complaining to these people, until now, hopefully they will see sense with more contractors voicing their opinion. Also now looking for a change, client is good pity about the agency..

[RichardCranium]

... after sending the link:

www.opsi.gov.uk/si/si2003/20033319.htm#12

the emails subsided ...

Well researched.

Well played.

Well done.

[deneway]

Thanks, but credit should go to The Lone Gunman, all I did was follow his advice and Google it.

[The Lone Gunman]

Yes at the same place, what part of the country are you in (London for me)

There have been a few email exchanges so far today, but they haven't backed down, after sending the link:

www.opsi.gov.uk/si/si2003/20033319.htm#12

the emails subsided and I received a VM to call them, they can put whatever they have to say in writing.

Thought I was the only one complaining to these people, until now, hopefully they will see sense with more contractors voicing their opinion. Also now looking for a change, client is good pity about the agency..

I am glad you read it and found the relevant part. That is the sort of thing you should be doing in this game.

NOTE TO OTHER NEWBIES: See how we play nice when soemone doesnt request being spoon fed.

[gingerjedi]

Yes at the same place, what part of the country are you in (London for me)

There have been a few email exchanges so far today, but they haven't backed down, after sending the link:

www.opsi.gov.uk/si/si2003/20033319.htm#12

the emails subsided and I received a VM to call them, they can put whatever they have to say in writing.

Thought I was the only one complaining to these people, until now, hopefully they will see sense with more contractors voicing their opinion. Also now looking for a change, client is good pity about the agency..

I’m in the south west, not naming locations for obvious reasons!

I sent them an email on Monday stating that my ltd was not bound by the new T’s & C’s as the contract was signed before they came about, they replied saying it was bound by the new T’s & C’s but I shouldn’t worry as they will make every effort to pay in the event of a missing timesheet, I asked them strike out the clause if that was the case.

They said that they have been burned by end clients not paying before and had ended up having to foot the bill of paying contractors before thay had been paid... WTF!!! I told them that my contract is with them and not with the end client and it was common practice for agencies to pay before they have been paid themselves.

This makes me think the agency has no cash flow and I would do well to get out ASAP.

[Bluebird]

I’m in the south west, not naming locations for obvious reasons!

I sent them an email on Monday stating that my ltd was not bound by the new T’s & C’s as the contract was signed before they came about, they replied saying it was bound by the new T’s & C’s but I shouldn’t worry as they will make every effort to pay in the event of a missing timesheet, I asked them strike out the clause if that was the case.

They said that they have been burned by end clients not paying before and had ended up having to foot the bill of paying contractors before thay had been paid... WTF!!! I told them that my contract is with them and not with the end client and it was common practice for agencies to pay before they have been paid themselves.

This makes me think the agency has no cash flow and I would do well to get out ASAP.

If thats the case, then you should suggest to the agency that you contract direct with the client thus removing the risk you pose to the agency of not submitting timesheets on time.

There is a reason why they take a slice of the fee the client pays.