Unreasonable contract terms - Now blocked from dealing with client

[rehashed]

Following an introduction by an agency, I "secured" the role pending contract. Then the agency decided to drop the bombshell of their contract terms, which are wholly unreasonable. They are unwilling to amend them, and have basically said unless I agree, then I cannot work with their client.

Obviously, had I agreed to be represented by another agency with more agreeable terms, I wouldn't be in this situation.

What are my options here? Ordinarily, I would just move on, but I had been looking forward to working with the people in this role, and now the agency are dictating that we cannot work together...

I haven't signed anything, so I'm still a free agent, but the agency have basically told the client that they are the introducers and therefore will penalize the client if they were to accept me through an alternate agent as per their contract terms.

This is a well known agency, with some really brutal terms - frankly I'm amazed anyone would agree to them.

[BlasterBates]

It would be unusual for you to now switch agencies as the client would be penalised and probably won't accept.

You need to move on.

If you don't have an alternative, however brutal the conditions are, they won't be as brutal as earning nothing, but that's up to you. Personally if I didn't have an alternative, I would go for it rather than sit on the bench for the next two to three months looking for something that may or may not have the same conditions.

[Whorty]

What are the terms that are so brutal?

[northernladuk]

Anyone got a funny feeling there won't be anything too untoward with the terms?

OP. You did get it checked by QDOS didn't you?

[SueEllen]

The client chose the agency because the agent promised good service. You can't choose to go with another agency and work with the client at this time simply because it's not your choice to make.

What you can do is sent a polite email to the client stating that while you love to work with them on this occasion you cannot due to contract issues. Don't slag of the agent. Make sure the email you send as all your contact details on it, which if you run a limited company they should anyway to comply with the Companies Act.

Then start looking for another contract.

[BolshieBastard]

Following an introduction by an agency, I "secured" the role pending contract. Then the agency decided to drop the bombshell of their contract terms, which are wholly unreasonable. They are unwilling to amend them, and have basically said unless I agree, then I cannot work with their client.

Obviously, had I agreed to be represented by another agency with more agreeable terms, I wouldn't be in this situation.

What are my options here? Ordinarily, I would just move on, but I had been looking forward to working with the people in this role, and now the agency are dictating that we cannot work together...

I haven't signed anything, so I'm still a free agent, but the agency have basically told the client that they are the introducers and therefore will penalize the client if they were to accept me through an alternate agent as per their contract terms.

This is a well known agency, with some really brutal terms - frankly I'm amazed anyone would agree to them.

Its rare to see the full contract T&C's until the client offers the role via the agency. Then you should have your contract reviewed via Bauer & Cottrell. They'll negotiate on your behalf.

But, the contract terms do not solely dictate whether you're inside IR35 if that's your worry. If its things like D&C, MOO and Substitution, a good reviewer can get these changed or eased.

If on the other hand, you think as a contractor you can come and go as you please at the client you'll likely find you wont be able to do this.

[SueEllen]

Its rare to see the full contract T&C's until the client offers the role via the agency. Then you should have your contract reviewed via Bauer & Cottrell. They'll negotiate on your behalf.

But, the contract terms do not solely dictate whether you're inside IR35 if that's your worry. If its things like D&C, MOO and Substitution, a good reviewer can get these changed or eased.

If on the other hand, you think as a contractor you can come and go as you please at the client you'll likely find you wont be able to do this.

Some contracts have terms in them that are not IR35 related which are worrying and need to be changed.

For example making you personally liable when the company you run has the insurance which covers your professional liability and public liability. Why should you put your personal assets at risk when you have insurance as well and can easily increase the amount of insurance you hold for a few quid?

It is very short sighted to ignore these other clauses as while some agents are happy to write IR35 friendly contracts one or two of the other clauses in the contract are more worrying and could screw you.

[rehashed]

What are the terms that are so brutal?

http://forums.contractoruk.com/busin...act-terms.html

Among others...

[psychocandy]

Following an introduction by an agency, I "secured" the role pending contract. Then the agency decided to drop the bombshell of their contract terms, which are wholly unreasonable. They are unwilling to amend them, and have basically said unless I agree, then I cannot work with their client.

Obviously, had I agreed to be represented by another agency with more agreeable terms, I wouldn't be in this situation.

What are my options here? Ordinarily, I would just move on, but I had been looking forward to working with the people in this role, and now the agency are dictating that we cannot work together...

I haven't signed anything, so I'm still a free agent, but the agency have basically told the client that they are the introducers and therefore will penalize the client if they were to accept me through an alternate agent as per their contract terms.

This is a well known agency, with some really brutal terms - frankly I'm amazed anyone would agree to them.

Examples of terms?

[FatLazyContractor]

Following an introduction by an agency, I "secured" the role pending contract. Then the agency decided to drop the bombshell of their contract terms, which are wholly unreasonable. They are unwilling to amend them, and have basically said unless I agree, then I cannot work with their client.

Obviously, had I agreed to be represented by another agency with more agreeable terms, I wouldn't be in this situation.

What are my options here? Ordinarily, I would just move on, but I had been looking forward to working with the people in this role, and now the agency are dictating that we cannot work together...

I haven't signed anything, so I'm still a free agent, but the agency have basically told the client that they are the introducers and therefore will penalize the client if they were to accept me through an alternate agent as per their contract terms.

This is a well known agency, with some really brutal terms - frankly I'm amazed anyone would agree to them.

It will be much appreciated if you can remove references to the Agency and post those terms and conditions here.