Contract Rate Change In Term

[TheVoice]

Hi Guys,

New around these parts so firstly, hello & thanks for stopping by.

I have a situation which has arisen in the usual Agency/Client/Me love triangle & could do with the advice of those better versed in the world than I.

I begun a contract a few weeks ago through an agency, we discussed an initial ballpark rate, they got a go ahread from their client & sent over a contract (I work through an umbrella) - this contract had a higher rate than first discussed, but as it was more the rate I was thinking the job should be I accepted & away we went.

The agency emailled me the other day saying that they were charging the client what they wanted to pay me & paying me what the client should be paying them.

Now, as a contract is a contract & I am honouring my side by turning up & keeping the client happy, I have told them I wont take a rate drop for their mess & they will have to sort it out with their client as really, their admin isn't my problem & I'm too busy doing my job to worry about how they do theirs.

I think I'm worth the cash & to be honest, from my point of view, if someone makes a contract they stick to it - thats the whole point, right?

Anyone been in this situation before - other folks views appreciated

[Turion]

The agency emailled me the other day saying that they were charging the client what they wanted to pay me & paying me what the client should be paying them.

This sounds like the agency will make a loss on you due to their own admin cock up. Don't expect that to happen. The agency may try to get the client to cough up more, but don't bet your mortgage on it.

Realistically, you'll need to come to some kind agreement that is close to what was originally agreed. Playing hardball, will result you being binned by the agency. They can terminate you and find a replacement easily enough.

Keep us informed.

[Sockpuppet]

How much extra we talking a day here.

£10 or £100?

I'd go for a compromise. Depends what agent says.

What you could do is get paid what the agent thinks you should get paid. Wait till contract is over and then send them an invoice for the rest. A signed contract will decimate them in court. Then you gets your money and you gets a full term contract out of them.

[thunderlizard]

It does sound like they made a genuine mistake and you'd be acting in bad faith if you were to exploit it.

Turion's kind of right - if they're losing money on you they'll want to use whatever termination clause they've got ASAP, regardless of whether they can get somebody in to replace you or not!

A tripartite discussion between your company, the client and the agency might be a good idea: but first make it a condition of that discussion that you can pull out without penalty if you're not happy with the final rate.

[BrilloPad]

I do wonder what would happen if they were making a 100% markup? To me it all depends how well you know the client/agency.

[TheVoice]

We're talking 40 quid a day here...& in my I see it that the agency are going to have to go back to the client & admit their cockup anyway, they might as well do so in my favour.

I'll be having a growl at the agency tomorrow & will keep you posted - just fed up with being messed about by people!

[Sockpuppet]

We're talking 40 quid a day here...& in my I see it that the agency are going to have to go back to the client & admit their cockup anyway, they might as well do so in my favour.

I'll be having a growl at the agency tomorrow & will keep you posted - just fed up with being messed about by people!

If it was me I'd probably do it for the original rate. That is after all what you agreed.

You'll probably find that the rate on your contract is what the client is paying.

You have 2 choices:

a) play hard ball. Prepare to either get a £40 a day rise or binned
b) tell them to keep the money, the agent may just thank you for it.

I know a lot here hate agent and treat them like tulip going down the road of "its them or me" but I've never done that and now get regular first refusal on the majority of logistics projects that come their way.

Seems strange that regular businesses don't go out of the way to piss customers off. Contractors do however. Its almost like most of you are tax dodging permies.

[BrilloPad]

Seems strange that regular businesses don't go out of the way to p**s customers off. Contractors do however. Its almost like most of you are tax dodging permies.

most businesses are there to make money. remember Alan Sugars' comments on last apprecentice series?

and even if I do upset the customers, I upset them alot less than they upset me.

[Sockpuppet]

most businesses are there to make money. remember Alan Sugars' comments on last apprecentice series?

and even if I do upset the customers, I upset them alot less than they upset me.

Yes and you will make a lot more at £100 a day for 6 months than you would at £140 a day for a week.


End of the day I can't see the agent subsiding the contractor to the tune of £200 a week. Not going to happen.

[Turion]

Yes and you will make a lot more at £100 a day for 6 months than you would at £140 a day for a week.


End of the day I can't see the agent subsiding the contractor to the tune of £200 a week. Not going to happen.

Take SP's advice. You agreed a rate and that's what you're gonna get. Trying to exploit a typo in the contract will make you look foolish at best.

If you don't mind that and if the agency does not yet know about the typo, you could try invoicing the increased amount and the dozy accounts dept might even pay it. If they question it, you can just act ignorant and say you simply used the amount stated in the contract. If they subsequently find out, they will deduct the overpayments from future invoices. Nothing gained. nothing lost.