Preferred (compulsory) supplier umbrella & agencies?

[boredsenseless]

Im fairly sure that this would fall foul of the agency regulations (if you havent been a **** face and opted out that is) as they cannot make employment offers conditional on you taking up services they are offering.

But then again you have probably been forced to opt out thanks to PCG being a bunch of cnuts!

Mailman

They aren't making it based on services they are offering, they are simply stating that they wish to only pay their money to known types of businesses that have certain characteristics.

Its the umbrella not the agent that is offering the service, and its entirley your option whether or not to accept under the specified conditions.

That being said, they still have no right to know how you get paid in my opinion

[John Galt]

They aren't making it based on services they are offering, they are simply stating that they wish to only pay their money to known types of businesses that have certain characteristics.

Its the umbrella not the agent that is offering the service, and its entirley your option whether or not to accept under the specified conditions.

That being said, they still have no right to know how you get paid in my opinion

So what you are saying Bored is that we should tell any agency offering a contract with these sort of conditions should be told to bog off??

[Denny]

So what you are saying Bored is that we should tell any agency offering a contract with these sort of conditions should be told to bog off??

Yes. Apparently, more and more agencies are doing this and one has told me that it's only a matter of time before most agenices have listed umbrellas that are authorised by them.

You still have the option of having your own limited co. though so I suggest you do that instead of concede to having your own business run by the agency.

[KLM]

Computer People - Avoid at all costs

Hi All,

Found this thread with interest!

I started a contract with British Airways thru CP end of November. Had been happily using an Umbrella / composite company for 2 years previously. They refused to let me carry on using my preferred choice - said that the way this company operated was on the borders of being illegal. As you can imagine my preferred company were livid BUT it didn't matter how much I shouted they refused to budge saying that any kind of dividend payment was not something their legal department would allow or support. By this time I had turned down 3 other contracts and taken this one and time was moving on and it was about a week before I was due to start. They offered alternatives and surprise surprise the company I am now using, which is on the "happy" list with their legal team pays by dividends (!!!) with a smaller basic salary and a larger percentage in commission as well as having the most time consuming process for communicating, timesheeting and expenses!!!!

This also has another implication for me - which could be quite a big one and any advice that any one can offer would be VERY GREATLT APPRECIATED - I am currently 4.5 months pregnant ( )and by moving umbrellas it may have an impact on what my entitlements are (I was with old Umbrella / composite 2 years). I have an email from their legal department (new company) which infers that they feel safer if I use their preferred supplier and that is the only reason -that there are no "legal" implications for them or for their client (I was given to believe that BA would not tolerate this kind of arrangement and that it was to safeguard their client).

I am VERY unhappy about this.....! I wouldn't recommend CP at all given the way I have been treated but I really felt like I didn't have a choice but to continue with this contract (and them!!) given my pregnancy and the need to be working.

There was mention of some regulations in the thread - what do they mean and if so is it worth me reminding them of this? Also who can I report them to for this?

Thanks to anyone that has any info!!!

K

[boredsenseless]

So what you are saying Bored is that we should tell any agency offering a contract with these sort of conditions should be told to bog off??

No I'm saying you negotiate the conditions away, and then if they don't disappear you tell them to stuff it (unless you are desperate for the work). If everyone did it the conditions would no longer be included in any contract.

[privateeye]

There was mention of some regulations in the thread - what do they mean and if so is it worth me reminding them of this? Also who can I report them to for this?

Thanks to anyone that has any info!!!

K

I wonder how much your client actually knows about this - maybe worth asking.
I believe that CP are members of ATSCO so they and the DTI are first places to probably complain.

I suspect that by forcing you to use one of their suppliers they are in fact charging you for finding work - completely illegal. May need legal advice on that one. My gut feeling is that an individual agent within CP is getting a backhander from the umbrella - see if you can speak to someone else more superior at CP - call up pretending to be someone else say you are thinking of registerring but wish just to ask a couple of questions first such as preferred umbrellas. I know p4 pay £50 per contractor so it soon adds up.

I know some agents who do say that they suspect this approach to be completely illegal.

[SantaClaus]

I was contracting quite happily for a well know consultancy until said consultancy decided to move all contracts to CP.

CP didnt like my umbrella and tried forcing me to use one of theirs. They also told me that if I started a Ltd company, dividend payments were not allowed although this was completely unenforcable.


Basically, I would recommend to everyone NEVER to use CP. They will not budge an inch with regards to IR35 contracts. In my opinion they are the worst possible agency to deal with.

[boredsenseless]

I was contracting quite happily for a well know consultancy until said consultancy decided to move all contracts to CP.

CP didnt like my umbrella and tried forcing me to use one of theirs. They also told me that if I started a Ltd company, dividend payments were not allowed although this was completely unenforcable.


Basically, I would recommend to everyone NEVER to use CP. They will not budge an inch with regards to IR35 contracts. In my opinion they are the worst possible agency to deal with.

You are forgetting though that CP are not an agency. Yes okay we all know they really are, but they sell themselves as a consultancy with a flexible and adaptable workforce. Their contracts therefore have to reflect this marketing position.

If you don't want to be an 'employee' in all but benefits don't use them, if you really don't care where the money comes from then they are fine, but don't whinge about how bad they are, you already know the score on these points when you talk to CP - so thats before the interview, i.e. before you've even spent a penny in costs.

[KLM]

You are forgetting though that CP are not an agency. Yes okay we all know they really are, but they sell themselves as a consultancy with a flexible and adaptable workforce. Their contracts therefore have to reflect this marketing position.

If you don't want to be an 'employee' in all but benefits don't use them, if you really don't care where the money comes from then they are fine, but don't whinge about how bad they are, you already know the score on these points when you talk to CP - so thats before the interview, i.e. before you've even spent a penny in costs.

Appreciate the comment but honestly.. I had no idea about this until after I had accepted the role and turned down three others. In fact I was not even aware that "agencies" might force you to change as I have only had good experiences in the 10 years I have been contracting.

I know that in the end it was my decision however I wasn't aware of all the facts at the time. Now being in possession of them I would agree with SantaClaus - as a means of getting work CP are to be avoided at all costs and I won't make that mistake again. If I find out that my entitlement to any benefit is compromised by their forcing me to change I will pursue it as I feel I should - how I get paid and who I use should remain my choice.

Rgds,
K