Agent lied to me about the client’s office hours & client actually wants an employee

[Fridgedoor]

In a bit of a predicament here, and looking to reduce the fallout. Not quite sure the best way to proceed.

The agent sold me a contract based on an expectation that the team I would be providing services to finished up at 5.30pm each day - I explained to the agent that was great, as getting home at a reasonable is important to me. (Mostly for health-related reasons, but I didn't share that at the time)

I feel like I was lied to, and now I’m supposed to just suck it up and put my wellbeing at risk?

The client pulled me up recently and pointed out that I’m leaving before everybody else - asking me “do you know that the hours here are until 6?"

I explained how I was told different information, that I'm happy to continue being flexible where possible (I've stayed later already and travelled to different client sites as required). I also briefly mentioned that as an independent contractor I technically set my own hours. He didn't seem convinced, and suggested that I start earlier instead so I could leave earlier.

If the client wanted an employee, they should have hired one and given that person the benefits and legal entitlements and protections that come along with it.

I learned recently that most of the team are not employees either, but actually contractors. They all appear to be working within IR35. (Fixed Hours, always required on client site, clear manager control, use company coffee/stationery, seek approval before time off, part & parcel of company head office processes).

The company's Glassdoor reviews even criticise the company's policy of contractors being used all over the show in place of actual staff. (This is a huge IR35 risk, right??)

I'm of course concerned that my limited company's working practices are going to be overridden by his desire for control, and that's gonna put me inside IR35. That'd be very expensive, and would go against the entire reason I decided to sell my specialist skills as contractor in the first place.

My wanting to behave differently (outside IR35) will go against the culture of their team, and my being a contractor isn't even a differentiator that could be used politically by that manager to justify it to others when they complained - as they're all actually contractors too!

I am prepared to walk, but the notice period to the agent is 4 weeks - and I’m very cautious about how I'd explain this to future clients.

If I start looking for a new client, they would know I'm in a contract that I'm effectively leaving straight away as it'd be 4 weeks until I could possibly start elsewhere.

Any thoughts on how to potentially navigate this?

[cojak]

I when I had this I simply handed in my notice and left. The entire contract lasted 8 weeks. I put it onto my CV and didn’t worry about it. Provided not all of your contracts are this short, it’s not a problem.

[ladymuck]

Ditto what Cojak said.

Assuming your finances can handle a potential break.

I would put the termination to both agent and client and mention per the contract last date is X but am willing to be flexible and finish earlier at the client's convenience.

Sounds like the company doesn't have a clue and possibly aren't prepared for April 2020 either.

Less professional option, to get out quick, is to feign an illness. I notice you mention health reasons for getting home at a decent hour but your mystery illness doesn't have to be the same if you want to keep that private.

Gold standard IR35 get out of jail free is to find a sub and send them in your place.

[BrilloPad]

I never trust anything an agent says unless it is in the contract. Everything else gets checked with the client. That includes working hours and provision of facilities for cyclists.

[Paralytic]

Was anything agreed with the client at interview time on expectations on your side? I typically ask what hours the team work and then say how I will align my working day with theirs - this is not an IR35 pointer.

A learn from this: Agents will not tell a client *anything* you say to them that might mean they don't get their commission. Its up to you to ensure expectations are clear on both sides.

Out of interest, what time do the rest of the team start, if they are expected to stick around till 6pm? Do they take, eg, an enforced 1 hour lunch? Have you been starting at the same time or earlier?

[Old Greg]

Explain once more to the client, politely, that you took the contract on the basis of hours agreed with the agent. You are happy to continue on that basis, or, if the client prefers, to move on, managing the handover constructively.

Don't worry about the CV.

[jmo21]

Agents will not tell a client *anything* you say to them that might mean they don't get their commission.

This. They were hoping you'd get onsite, and just put up with it.

Explain once more to the client, politely, that you took the contract on the basis of hours agreed with the agent. You are happy to continue on that basis, or, if the client prefers, to move on, managing the handover constructively.

If you are happy enough to move on (warchest, prospects of another contract etc), then this is the best way forward.

Even if the client is a bit stroppy about it, keep it nice and breezy with them, apologise and calmly explain what you agreed with the agent, and that if doesn't work from them, then unfortunately you will have to leave. Make it clear you are annoyed with the agency, not the client.

[ladymuck]

Because of the office culture, it's very likely that any challenge will be met with "but everyone else works that way". I've had this from clients and agencies since day 1. My answer is always the same: my business's due diligence may be different to others and I would not be running my company properly if I didn't pay attention to these details. How others choose to run their businesses is not my concern.

[Cirrus]

I learned recently that most of the team are not employees either, but actually contractors.

I once asked my boss at an oil major "Why do you have all these contractors rather than your own employees?" He said "Because we can sack them whenever it suits us. It's worth paying the premium". Some contractors are there because their expertise is especially valuable but I suspect the majority are there because they are easier to manage. They do what they're told because they know which side their bread is buttered.

Whilst the respondents to this thread are pushing the idea of 'standing up for you business', I wonder how many others are silently thinking "If you've got to work until 6, then you've got two choices..."

[CheeseSlice]

The agent sold me a contract based on an expectation that the team I would be providing services to finished up at 5.30pm each day

The client pulled me up recently and pointed out that I’m leaving before everybody else - asking me “do you know that the hours here are until 6?"

What does your contract say about hours, work days, etc?
Get this sorted out when you set up your next contract paperwork. Take nothing verbal from the agent.

I learned recently that most of the team are not employees either, but actually contractors. They all appear to be working within IR35. (Fixed Hours, always required on client site, clear manager control, use company coffee/stationery, seek approval before time off, part & parcel of company head office processes).

Never heard that one being used as a reason before. I reckon most of us are guilty of drinking clients tea and coffee at some point

I am prepared to walk, but the notice period to the agent is 4 weeks - and I’m very cautious about how I'd explain this to future clients.

Short contracts are not that unusual. I've done a 5-weeker before as that was all that was needed to get the job done. Others may have done shorter.