Second Tier Supplier Verbally Offering Contract but Stalling on Day Rate

[ziggystardust]

Had an interview with end client who pretty much offered me the gig at the end of the interview although she said she wanted to make a decision that day (the Friday) as she will be off on the Monday and Tuesday. Problem is that their preferred supplier farmed recruitment for the job to another supplier, a small company whom I've never heard of and who is dealing with me and obviously getting a cut of the commission (after the preferred supplier).

Following the interview on Friday the agent ( one of the directors) was on the phone to me asking if i had any other interviews, to which I replied that I had one on the Monday at a slightly higher rate than what my CV had been forwarded for. I didn't have an interview but I could sense that with him mentioning rates again after the interview and stating that this client was "renowned for being a low payer" that it might be in my best interest. He said that he would push for a decision and also a bit more on the rate that day, otherwise I would hear on the Wednesday.

As I heard nothing on the Friday or over the weekend I assumed that, as the hiring manager was away until Wednesday that I wouldn't hear until then. Low and behold on Monday I get a missed call and a text from Mr Second Tier saying that preferred supplier have emailed to say they will offer but he doesn't haven't all the details yet but should get them within the next 2 hours then call me. Anyway, about 4 hours passed and he called again to say they would like to make me an offer but he hadn't received anymore information but it'll probably be tomorrow when he hears because the person dealing with it all is off, although the gig would be looking like 6 months ....and have I got my interview today. I said I did have it that morning and they'll be making a decision the following day (today, Tuesday) It ended with him saying to let him know when I find out about the outcome of my other interview.

I'm finding it a bit weird that a woolly verbal offer has been made with no confirmed day rate, or anything in writing and that the agent is still waiting to get a confirmation in writing. Is he stringing me along? Should I call back/ chase if I don't hear back today or just wait, given that the hiring manager is back tomorrow? The hiring manager was very clear that I was the preferred choice, as was the agent. Would any hope of negotiating a rate be possible when there are 2 suppliers involved?

[northernladuk]

The client can't make you an offer. You have no contractual relationship with them if agents are involved. They can pick you as their first choice but offers must come from the agents.

Is it a big client? Are they more likely to be on a fixed rate card? If so then your negotiation is limited to take a cut from the agents rate. Try and get confirmation in writing if the agents are on fixed rate commission. If they are then they won't move on their numbers. It will be down to the client paying more which isn't likely (but not impossible). If the agents are in an agreed chain there is very little chance of you playing them off against each other.

I've been in a similar position with a preferred agent using sub agents. UKAR I think it was. Very messy and complicated. Try and stick with the main agent if you can so there isn't another body in the chain. I believe in my situation the rates were the same regardless of agent so no idea how that worked.

[ziggystardust]

Is it a big client? Are they more likely to be on a fixed rate card? If so then your negotiation is limited to take a cut from the agents rate. Try and get confirmation in writing if the agents are on fixed rate commission.

It's a Banking client so yes, they are big and I believe that they have a fixed rate card. I'm not sure how I can bypass this sub agent or if that's even possible? Communications do seem to be taking a long time just in terms of getting written or verbal clarity on an offer...

[BlasterBates]

It's normal for it to take some time, the contract will have to be signed off by several managers some of whom might be out of the office. If you asked for more it will take even longer.

Be patient and continue looking.

[BrilloPad]

It's normal for it to take some time, the contract will have to be signed off by several managers some of whom might be out of the office. If you asked for more it will take even longer.

Be patient and continue looking.

Indeed. Reminds me of recent gig. Just needed one more signature. I did not know it was a new joiner from another bank. Who immediately put a lid on contractors - starting with my contract. I turned down another gig for that - God what an idiot!

Or my PIMCO interview. 15 interviews including at 11pm at night with the SF office. Just one rubber stamping interview with board member. Of course, that went South. Luckily for that one I still had a job so nothing lost.

Isn't a gig in the hand worth 100 in the bush?

[ziggystardust]

I haven't formally accepted and the rate has not been formally confirmed. I was forwarded at one rate, then, after my interview, the agent said he would push for a higher rate. Since then, it has been the agent confirming that the preferred supplier agency would like to make me an offer but he hasn't received all the details yet but it's likely to be 6 months. I don't know what kind of sketchy email that was... an email that says 'hey, we'd like to offer the candidate a contract. We think it'll probably be 6 months but we haven't decided how much the day rate is definitely going to be yet. Will let you know!'? In all my previous experience the agency has offered me verbally, stated the day rate there and then. Is this just stalling tactics from the sub- agent? I told them I'd hear back from the pretend other interview today so are they just waiting on whether I say I have or have not got it to then decide whether to flex the day rate? We're talking 10s of £££ here so not huge, but I maybe playing a risky game here...

[GhostofTarbera]

Or the agent has a friend they would like to get in, so waiting for you to take other job and then tell client you are not gone


Sent from my iPhone using Contractor UK Forum

[ziggystardust]

[ziggystardust]

At last... got a verbal offer followed up by an email to progress checks etc. However I noticed on the "standard" contract the compliance team sent was with opt-out terms when I never chose to opt out.

When I replied requesting that the opt-in terms be sent the response was that they don't have opt-in terms written because all of their contractors opt out - he would have to ask their Operations Manager and if I decided to, also inform the end client. He also asked what my reasons were for wanting to opt in.

I have a feeling that they're going to say the end client will not want to go ahead if I don't opt out when it shouldn't matter? How should I handle this and would opting in mean a lengthier screening process? I was going to respond with the statement that what other contractors do is their business and I don't feel I need to be giving reasons but I'm also wary of risking losing the gig. My concern is their payment terms are monthly and the agency is small. I've never dealt with them before and I've already been knocked back when I tried to negotiate down the payment terms from 1 month invoicing and a 10 day pay term..

[northernladuk]

Do you fully understand the Legislation? Is there anything there that means so much you'll push back on the agent?
If you are that eager to opt in then by all means ask but I wouldn't risk a gig for it.

The agency is well within their rights to not deal with Opt in contractors because of the extra responsibilities.

What does the opt in/out status have to do with it being a small agency?