Agent won't take out dodgy clause in Contract

[escapeUK]

Think I'm going to sign but this agent has ATTITUDE which has annoyed me big time.

If you are having problems at this stage, just think what they will be like later on. Let northernlad or other desperate contractors deal with them.

[d000hg]

Don't agencies have insurance to cover them for non-paying clients? Or does this not exist?

[The Wikir Man]

Just about to start a contract and had questioned a clause in the contract which states:

“The Company shall not be obliged to pay any fees to the Contractor unless the Company has received, in cleared funds, the sums due from the Client in respect of the timesheet"

Agent says they've never exercised it but it's to cover them if a client goes bust! They are refusing to remove it...

If I am opted in (no opt out request signed prior to introduction to Client) and I sign this contract with this clause in it, am I agreeing to opt out of this element of the regulations OR it is simply illegal for the Agent to have this clause in the agreement?

They are refusing to supply Company Accounts to me also, saying if I want them I can go to Companies House. Nice and friendly aren't they? Or perhaps they've got something to hide?

Thoughts or advice?

I just want to start work but the Agent is making me think I should be running for hills

1 - Do a credit check on the agency. If you've not heard of them, then check carefully.

2 - Make sure that you have PCG Plus membership in case they go bust.

3 - Consider whether it's worth the hassle - only you know what the market is like for your skills, how much you need the work etc.

4 - If you are opted in, then it's a moot point - weigh up whether you want the argument now, or in the future (if it comes to that).

Sounds like a ridiculous clause to me - if I have to work through an agency, then I expect them to take some risk for their money, rather than put ALL the risk on me.