Agency refusing to alter clause

[tractor]

...

If you had used Bauer and Cottrell, they negotiate on your behalf unlike QDOS.

End of the day the choice is simple if they wont change it. You either suck it up or decline.

As many of the contract templates used by agencies are cribbed from either REC or APSCO templates, many of the agents don't even know what they contain.

In many years of contracting I have never in practice had to get written permission for anything. If the reality for the OP is the same, then working practices will trump the contract in any investigation.

If the D & C and MoO clauses have been changed to comply with the legal advice the OP received then there is little risk in signing the contract.

[Tasslehoff]

Quick update :

My Agent contact my client, client agreed it was all OK and they sent my amended contract for my signature by then end of the day.

First time I have had a agent go over and above the call for me. Pretty pleased tbh

Does leave me wondering what I would have done if that would have not been the case! Probably would have pushed for a re-wording at that clause is very controlling.

[tractor]

...

Quick update :

My Agent contact my client, client agreed it was all OK and they sent my amended contract for my signature by then end of the day.

First time I have had a agent go over and above the call for me. Pretty pleased tbh

Does leave me wondering what I would have done if that would have not been the case! Probably would have pushed for a re-wording at that clause is very controlling.

No harm in naming the agent - it's good to know which ones are accommodating

Well done.

[rashm2k]

If you had used Bauer and Cottrell, they negotiate on your behalf unlike QDOS.

End of the day the choice is simple if they wont change it. You either suck it up or decline.

Now you tell me! At least I've only got IR35 check with QDOS, I shall buy the rest from Bauer and Cottrell

[TheFaQQer]

If you had used Bauer and Cottrell, they negotiate on your behalf unlike QDOS.

End of the day the choice is simple if they wont change it. You either suck it up or decline.

B&C offer their free negotiation service as part of their contract review costing £155 for a summary report and £190 for a full report.

Qdos offer their contract negotiation service as part of their add on £95 IR35 contract review service.

They both offer the service, you just need to ask Qdos (and pay the £95) rather than getting it automatically with B&C (when you pay £155)

[PerfectStorm]

Related question: if I wanted to get a review done after starting the contract, how easy/difficult would it be to get any amends done at the point of extension?

[SueEllen]

Related question: if I wanted to get a review done after starting the contract, how easy/difficult would it be to get any amends done at the point of extension?

Virtually impossible.

Once you are on site the agency has no reason to change the contract especially if one of the clauses there is an issue with is from the upper contract with the client.

[TheFaQQer]

Related question: if I wanted to get a review done after starting the contract, how easy/difficult would it be to get any amends done at the point of extension?

As with any contract, it's a case of negotiation. At renewal time, you have the opportunity to make changes and then to either accept or reject the contract, in the same way that you do before starting a contract.

I have modified some clauses in the past on renewal because of a minor shift in attitude generally with respect to notice periods, but generally you should sort out the meaningful stuff before you accept the contract.

[Tasslehoff]

Related question: if I wanted to get a review done after starting the contract, how easy/difficult would it be to get any amends done at the point of extension?

It is possible, as my re-negotiation was at the point of extension. Guess I was just lucky, good grace with the client helped so I must be doing something right