So I've recently been offered a role at a previous clients I worked at over 3 years ago, no agency involved initially as I was still in touch with people there so went direct. As is too often the case I now need to go via an agency as they don't hire direct so have put me in touch with the old agency I used first time round. Having read the contract its the same one as I had last time including a 12 month exclusion clause. Pretty cheeky really as they did nothing to get me the role this time round. Am thinking of asking for it to be removed but don't want to rock the boat, what do people think?
- 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!
Exclusion Clause
Collapse
X
-
-
Originally posted by SlipTheJab View PostSo I've recently been offered a role at a previous clients I worked at over 3 years ago, no agency involved initially as I was still in touch with people there so went direct. As is too often the case I now need to go via an agency as they don't hire direct so have put me in touch with the old agency I used first time round. Having read the contract its the same one as I had last time including a 12 month exclusion clause. Pretty cheeky really as they did nothing to get me the role this time round. Am thinking of asking for it to be removed but don't want to rock the boat, what do people think?merely at clientco for the entertainment -
Originally posted by SlipTheJab View PostSo I've recently been offered a role at a previous clients I worked at over 3 years ago, no agency involved initially as I was still in touch with people there so went direct. As is too often the case I now need to go via an agency as they don't hire direct so have put me in touch with the old agency I used first time round. Having read the contract its the same one as I had last time including a 12 month exclusion clause. Pretty cheeky really as they did nothing to get me the role this time round. Am thinking of asking for it to be removed but don't want to rock the boat, what do people think?
Be reasonable and make the fact that they haven't done anything to hire you very clear.
I don't see any boat being rocked here. If they take you on, they get money for doing nothing. If they don't, then they wont get a penny, and the client will find a way of getting you on board (if they are really desperate for you!).Comment
-
Originally posted by FatLazyContractor View PostWhat eek said.
Be reasonable and make the fact that they haven't done anything to hire you very clear.
I don't see any boat being rocked here. If they take you on, they get money for doing nothing. If they don't, then they wont get a penny, and the client will find a way of getting you on board (if they are really desperate for you!).merely at clientco for the entertainmentComment
-
And make sure they are only taking around 5% commission for the gig as well. Ask them if they are on a fixed rate and get the answer in writing if they are. Don't let them get away with normal rates which includes the time spent and cost to find you etc'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by eek View PostAsk for it to be removed... You've done all the work, they are merely getting money for factoring, invoicing and the end clients convenience. I would be removing any clause that I didn't want..
Originally posted by northernladuk View PostAnd make sure they are only taking around 5% commission for the gig as well. Ask them if they are on a fixed rate and get the answer in writing if they are. Don't let them get away with normal rates which includes the time spent and cost to find you etclatest-and-greatest solution (TM) kevpuk 2013Comment
-
Comment
-
Comment
-
Originally posted by fool View PostAssuming you've already agreed a rate, their cut has nothing to do with you.Comment
-
Originally posted by SlipTheJab View PostWhat a load of bollox, it has everything to do with me.
Your co already has an agreed rate and you're trying to dictate what another company is going to make in their relationship with your client. If the agent and the client has a good relationship then they could rightfully consider you over stepping the mark.
Also, even if you did manage to set their rate to 5% or a flat rate (they'll probably just tell you sure then ignore you because you'll never know), future rate bumps can only come directly from the client rather than you eating the agents margin, so it's arugably not even in your interests.
You definitely want to remove any funny stuff from your contract and you should consider adding provisions to protect you from exclusions in the upper contract, but I don't see why you feel you can dispute terms in the upper contract that don't affect you or your agreement.Last edited by fool; 29 August 2015, 18:07.Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment