Immutable contracts - Agencies that will not allow modifications

[borderreiver]

Walk. There is no other option if they won't budge. This is absolutely non-negotiable for me as well. I'd rather be a permie again than accept unlimited personal liability.

[TransitTrucker]

Walk. There is no other option if they won't budge. This is absolutely non-negotiable for me as well. I'd rather be a permie again than accept unlimited personal liability.

I agree. They have a couple of days and that is it. I'll walk rather than become personally liable for all risks however caused. Anything else would be quite daft.

As far as the "rather be a permie" message (slightly off topic). I have tended to switch between permie and contract as and when a local senior permie job comes up. I then find I get made redundant and go back to contract. In reality, I was used as a contractor for a 2 to 3 year period but it worked out in my favour. My last period was a few years back when I worked as an architect for Centrica. Looking at the stats I see that I earned slightly more as a permie than I do as a contractor when you factor everything in (pension, car, paid leave, BUPA etc). Contract rates have dropped and permie salaries have increased over the past 10 years.

[SueEllen]

Current position:

The agency won't negotiate the contract. The agency and client's resourcing managers are as thick as thieves. The agency even has their personel permanently on site. Both think they can get rare skills off the street. This is probably why the project is 2 years late and slipping day to day.

The operational manager is fed up as he is losing a rare find (as he correctly sees it ) but the client's resourcing managers don't care a fig. Both operational and resourcing managers have been sent the email chain and a plethora of evidence to support the true history. This makes the agency lies rather obvious but this is having little effect e.g. there is an email saying the contract can be changed (which contradicts the agencies current stance).

Send a clear email to the operational director explaining very clearly why you will not take the contract.

More importantly add that you doubt that he will find any competent contractor with the unique skills required who will take the contract due to the personal liability that the agency and the resourcing managers insist must be in the contract. As no-one will put their family home up for risk especially if they have £1 million of professional indemnity insurance through their limited company that will more than cover the risks to the client's business.

End it politely with that you would happily work for him in the future once the contractual issues are cleared up.

I wouldn't bother sending the email to the other managers or the agent, or even talk to them.

If the agent or other managers wish to discuss the email with you say you have said everything and will not enter into further debate.

BTW there are some regulators for certain sectors of industry who will ensure that anyone working in that sector will have to have personal liability if something goes wrong if they are individually at fault, but the wording in the contract should only cover the regulated bits not the entire contract.

[TransitTrucker]

Sound as a pound. Once all avenues are explored I'll escalate the issue as you suggest. Nothing to lose. I would guess that when my CV goes into this agency it will be filed in the circular bin anyway. Not that it matters since I'll never sign one of their contracts.

NB Indemnity insurance policies always state that they only cover the risk that is made known to them at the outset and that the insurer will not be liable if additional risk is accepted by the contractor. This means that if one were to sign-up to unlimited liability as per this sort of contract the insurance would not cover this.

Again, this is another problem to worry about if all agencies start to hold the contractor as well as his company liable. Contractors may be unknowingly voiding their insurance if they don't read or don't understand what the contract is really saying.

[TransitTrucker]

The despot agency now (maybe it always did) have this text on the bottom line of their Jobserve adds. . ."By applying for this job you accept the T&C's, Privacy Policy and Disclaimers which can be found on our website."

Oh, yeah . . .

[Taita]

The despot agency now (maybe it always did) have this text on the bottom line of their Jobserve adds. . ."By applying for this job you accept the T&C's, Privacy Policy and Disclaimers which can be found on our website."

Oh, yeah . . .

Weasel words.... but to be expected from a bullying outfit like this agency who seem to think that they are buying in slaves.

Personal guarantees never should be given. Not only are they fraught with financial danger but they always will immediately negate any protection from IR35 rules. In giving one you completely undermine the contractual relationship between your ltd co and the other parties.

[BolshieBastard]

Send a clear email to the operational director explaining very clearly why you will not take the contract.

More importantly add that you doubt that he will find any competent contractor with the unique skills required who will take the contract due to the personal liability that the agency and the resourcing managers insist must be in the contract. As no-one will put their family home up for risk especially if they have £1 million of professional indemnity insurance through their limited company that will more than cover the risks to the client's business.

End it politely with that you would happily work for him in the future once the contractual issues are cleared up.

I wouldn't bother sending the email to the other managers or the agent, or even talk to them.

If the agent or other managers wish to discuss the email with you say you have said everything and will not enter into further debate.

BTW there are some regulators for certain sectors of industry who will ensure that anyone working in that sector will have to have personal liability if something goes wrong if they are individually at fault, but the wording in the contract should only cover the regulated bits not the entire contract.

Rather than tell the Ops manager you (the OP) wont take this job, a better approach would be to briefly outline how and what clauses in the contract that need to be amended so as to enable you (the OP) to accept it.

IME, getting your contract reviewed by B&C and having them negotiate (for free!) on your behalf gets better results than the contractor doing it themselves.

If the agency wont budge for professionals such as B&C then the options are be walked over or walk away.