Agency Introduces New T&Cs - Unreasonable?

[Grunter]

If that was true how could you have any sort of exclusion clause in a contract ? ie. you can't go direct for 6/12 months after the end of the contract

That's the point, it's bull tullip. Just because its written on a piece of paper doesn't mean its correct.

[Grunter]

it's simple to you because you seem to know. The OP and myself for that matter didn't so we have to chat about it to find the answer. That's what this forum is about it is it not?

My point was, that you seem to have accepted that these clauses are allowable, but were unhappy with the content, rather than whether they have any place in this contract at all. My second point was that if they don't want you to work, then they will have to pay you not to work, and that should be the subject of another contract. It is common practice for senior management and executive directors to go on gardening leave for six months or so before they start a new job and the OP is no different.

[TFour]

My point was, that you seem to have accepted that these clauses are allowable, but were unhappy with the content, rather than whether they have any place in this contract at all. My second point was that if they don't want you to work, then they will have to pay you not to work, and that should be the subject of another contract. It is common practice for senior management and executive directors to go on gardening leave for six months or so before they start a new job and the OP is no different.

I am no different except that I am not a permanent employee and if I don't accept these clauses, never mind negotiate compensation for them, the blanket-double-agency agreements could see me terminated replaced by one of many sitting on the bench.

Neither the clients Human Remains department nor their master agency nor "my" agency are in the business of negotating individial sets of terms and conditions with what they will see as "awkward" contractors.

[BolshieBastard]

I am no different except that I am not a permanent employee and if I don't accept these clauses, never mind negotiate compensation for them, the blanket-double-agency agreements could see me terminated replaced by one of many sitting on the bench.

Neither the clients Human Remains department nor their master agency nor "my" agency are in the business of negotating individial sets of terms and conditions with what they will see as "awkward" contractors.

Its really tulip when this happens isnt it. I mean you found the role with the client and the agency were only 'invited' into the relationship to make it 'easier' for the client's HR department.

Instead, the agency who've done **** all here to secure the role now start laying down 'their' terms for you to 'work' you secured in the first place! (Apologies if I've got this wrong.)

It stinks and what would have been a cordial relationship between your co and the client, is now at risk with you probably being made out to be the troublemaker if you kick against some of the T&C's the agent wants to have.

Its a tulip market and having found the role, I dont envy you but, I think your options are to accept the agency's terms and grin and bear it due to market conditions.

Alternatively, you insist with the agent that since they were only invited to the table and didnt find the role for you, you do not accept the relevant T&C's and you want them removed.

You also need to make the client aware that you are prepared to work via the agent but, the agent is trying to impose unreasonable conditions on your relationship with them (the client). If you get no positive response from the agent and client, then, you have to take the difficult decision to walk away.

As I see it, these are the only two options available to you.

[RichardCranium]

How hard are your balls feeling?

Put a line through all the clauses you are unhappy with. If a replacement clause is required, write / type it in.

Sign it and return it to the agency "Thank you for the draft contract, please find enclosed an edited and acceptable one."

Send it to them then speak to someone there and say "You accept it as it is and be glad you've got some free money courtesy of me, or I don't start and you get nothing at all."

It might work.

But if they've got any sense, they'll call your bluff and recruit someone to do the work instead of you.

[Paddy]

My current contract was secured via my own business contacts and an third party, an agency, was then appointed to adminster the relationship between clientco and my company's contract.

I have just received a set of additional terms and conditions from the agency under the guise of a set of principles for working at clientco.

Having reviewed these I have any number of concerns:

*It suggest I can be deployed to another assignment by the agency, without mention of agreement from me
*The working of "additional hours" only being done so with the agreement of the agency or my clientco's "line manager". There are no expected hours stipulated in my contract
*The use of the term "line manager" throughout. I am not an employee of clientco, therefore I cannot possibly have a line manager.
*A stipulation that I must not spend an excessive amount of time using clientco's IT systems. How do I manage the projects for the client then - by memo, fax and typed-up report?
*Stipulations that I have to get holidays approved by the agency and/or "line manager"
*Worst of all...while doing work for clientco and for a period of several months afterwards, I am not to work on any similar projects for any competitor of clientco. This would effectively put me on the bench for several months after the end of the contract with no prospect of working on IT projects for any engineering companies.

Am I being overly sensitive or is the above full of IR35 issues and unreasonable terms? I don't see how I can possibly sign it agreeing to all the terms. Sadly I fear there is no negotiation with these type of blanket arrangements.

PM me if you want to change agents.

[TFour]

I've highlighted the main concerns I have with the additional clauses, let's see how hardline they're going to get with it.

It is a joke like, 2.5 years in a gig they didn't find and now they want to apply additional terms and conditions for their free money.

[singhr]

How hard are your balls feeling?

Put a line through all the clauses you are unhappy with. If a replacement clause is required, write / type it in.

Sign it and return it to the agency "Thank you for the draft contract, please find enclosed an edited and acceptable one."

(

I did this a couple of contracts ago and played ping pong with the agency admin department for a couple of months before they lost interest, however latest mob wouldn't entertain it at all so it was take it or leave it.

[BoredBloke]

Who picked the agency? presumably the end client. Couldn't you simply get another one involved. Do you know what mark up they are charging for their services given that they did rock all to get you the job?

[TFour]

Yes, I could pick another agency, but that's another "awkward contractor" move.

I believe they are on about 4.5%, they refused to negotiate their cut down when the client via a new intermediate master agency cut rates by 10%.