agency wants to be consulting company and my company the supplier

[captainjon]

They won't change the contract claiming the end client want it that way.
How can it be legal for a recruitment agency to claim to be a consultancy when it obviously isn't to bypass agency regulations?

It's not legal to force you to opt out either.

[WTFH]

They won't change the contract claiming the end client want it that way.
How can it be legal for a recruitment agency to claim to be a consultancy when it obviously isn't to bypass agency regulations?

It's not legal to force you to opt out either.

They aren’t forcing you to take the role.

If you stop referring to them as an agency, but actually as a consultancy, then negotiate your contract with them, that is, of course, if you want the role. If you don’t want it because they are working as a consultancy, then walk away.

[northernladuk]

They won't change the contract claiming the end client want it that way.
How can it be legal for a recruitment agency to claim to be a consultancy when it obviously isn't to bypass agency regulations?

It's not legal to force you to opt out either.

Of course they won't. They have that piece of business under a different engagement model. One that makes them more money as well so there is no hope of you getting to change it. They are looking for someone to fill a requirement, not someone to come in and try and completely change their engagement.

It's nothing to do with bypassing agency regs. They aren't acting as an agency in this instance so they don't even factor.

It's not legal to force you but they are quite within their rights to chose not to deal with Opt In contractors. They want a contractor that's opted out to work for their consultancy. If that's not you then stop whining and move on.

[MonkeysUncle]

Getting more and more common in the public sector.
Its a way for them to get around IR35.

[captainjon]

so any agency can now call themselves a consultancy and pass off dodgy contracts, because it's a "different model"?

Just because I can walk away doesn't make it legal.

[northernladuk]

so any agency can now call themselves a consultancy and pass off dodgy contracts, because it's a "different model"?

Just because I can walk away doesn't make it legal.

<yawn>

[captainjon]

<yawn>

you're probably still under the impression its an employment contract. its not.

but i guess the government are fuming since its now so easy to bypass agency regulations, right?

[captainjon]

They aren’t forcing you to take the role.

If you stop referring to them as an agency, but actually as a consultancy, then negotiate your contract with them, that is, of course, if you want the role. If you don’t want it because they are working as a consultancy, then walk away.

they are by any definition, a pure recruitement agency, a small one at that. they dont consult on anything.

[northernladuk]

you're probably still under the impression its an employment contract. its not.

Nope. I quite understand it's a B2B contract with a company that is offering some fixed price or service orientated piece of work under a consultancy agreement.

I'm also clear that this engagement isn't a typical agency type bum on seat offering so agency regs do not apply. The agency in this case is acting as a consultancy. Nothing wrong with that.

but i guess the government are fuming since its now so easy to bypass agency regulations, right?

I don't think they really care about the agency regs to be fair. Only you seem to be getting hot under the collar about it all. I'm not sure we've actually seen any evidence on here where quoting the agency regs have made one iota of difference anyway. Agencies don't properly understand it, many contractors don't and in the end they all seem pretty irrelevant. Why are you still banging on about it?

they are by any definition, a pure recruitement agency, a small one at that. they dont consult on anything.

It appears they do now.

I assume you've declined the work already or will be doing so imminently?

[SueEllen]

they are by any definition, a pure recruitement agency, a small one at that. they dont consult on anything.

And you know how?

If they have one person doing consultancy work then they are a consultancy.