Agent won't take out dodgy clause in Contract

**MarillionFan** · 22 April 2010, 09:19

Originally posted by lindsay~ View Post

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

No bloody way. I once had this with an agency who refused to pay me until they had been paid. So the client put them on 60 days, and they wanted to wait to pay me!

**** that! Thats why they take a 15%+ cut for goodness sake.

Concerning company accounts. Yeah, if you want them go and pay for them yourselves. What if they asked you for yours, would you let them have them?

**northernladuk** · 22 April 2010, 09:43

Firstly have you done a background check on the agency? Is it one of the top boys or small outfit? Try doing a check on here to see if they have been named and shamed.

I have to admit I am a bit of a roll over when it comes to this type of thing but the client not paying you if they haven't received anything from the client seems reasonable to me if I had to play devils advocate. It doesn't say it will never pay you and as long as the client is a reputable name then the risk is pretty insignificant.

I can see why the agent has this in and I see why he won't take it out so I would go ahead and sign. I am not one of those people that would walk away from a contract on a point of principle like some would here though it has to be said.

The option of being on the bench with my morals and priniciples intact doesn't work for me I am afraid.

What company accounts are you after? Don't understand ths one sorry.

**Sockpuppet** · 22 April 2010, 09:49

Originally posted by lindsay~ View Post

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?

Technically your opted in so that clause means feck all. Tell them to take it out or you walk.

**northernladuk** · 22 April 2010, 09:55

Originally posted by Sockpuppet View Post

Technically your opted in so that clause means feck all. Tell them to take it out or you walk.

Thats right!! You walk over a clause that doesn't mean anything. Very good idea that. I will accept it and have your job... Enjoy the bench.... Jesus

**lindsay~** · 22 April 2010, 10:14

Cant find anything on a search on here with this agency. Pretty much just wanted to see how stable/big they were with Company accounts.

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

Thanks for thoughts guys.

**Muttley08** · 22 April 2010, 10:17

My advice is to assess the risk before you issue an ultimatum...is the client likely to go bust or not pay? are the agency?

It's easy to get all pedantic over these things, and some principles can be important, but in the current market, if the chances are low of any problems, then don't let yourself get hung up on them.

**northernladuk** · 22 April 2010, 10:23

Originally posted by lindsay~ View Post

Cant find anything on a search on here with this agency. Pretty much just wanted to see how stable/big they were with Company accounts.

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

Thanks for thoughts guys.

At the end of the day you are getting a cut of THEIR money, they found the gig. They are just pimping you in there. It is hardly surprising they have attitude. You are just one of many. If you want to play hardball they just give it to next person in line who is probably just as capable. Sometime sucking it and getting on with it hurts but gotta be done.

Some chump on the phones isn't going to know much about the company accounts either and his time is money so personally I would have told you to go elsewhere as well. Sorry

**FiveTimes** · 22 April 2010, 12:00

Originally posted by lindsay~ View Post

Cant find anything on a search on here with this agency. Pretty much just wanted to see how stable/big they were with Company accounts.

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

Thanks for thoughts guys.

Try searching via google as there are a few issues with the search on the new board

"Agency XXX" site:forums.contractoruk.com

**Wanderer** · 22 April 2010, 13:16

Originally posted by lindsay~ View Post

“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"

Piffle. It's just bulltulip to scare the noobies. Sign your life away and get on with working is my policy. If it comes to the crunch just tell them not to bulltulip you as they know full well that the contract term is invalid and can't be enforced.

If they refuse to pay then take it straight to http://www.moneyclaim.gov.uk/

Agent won't take out dodgy clause in Contract