Just burned bridges with a large agency

[matzie]

Hi. This post is as much to vent as anything... I was offered a role yesterday, and told them that I'd give an answer this morning. I slept on it, and felt a bit concerned re the IR35 status of the role (seemed clearly caught) and the agency's insistence on opting-out of the CEAEBR, (without debating it here as it's been done to death, my opinion is that it's IR35 neutral and confers some protections I'd rather not give up). However I had to give an answer this morning, and I was clear to say, "Yes, but I want to get professional advice on issues X,Y and Z".

After a day of further decision-making and talking to my solicitor, I decided not to sign.

I called the agent, who predictably wasn't happy, and tried every strong-arm tactic in the book to try to make me change my mind. I remained firm and polite throughout but it was a very tough call. Then he got his MD - of one of the largest agencies out there - to talk to me to try as well. I stuck to my guns. They agreed to let me stay opted-in to the Regs quite quickly (as they should), but we reached an impasse where they basically offered to let me write whatever contract I wanted, but I continued to insist that *working practices* are what matter to IR35, not the paper contract.

Obviously, I'll never get anywhere with that agency again. It might even have a wider impact if there's any truth in the blacklist rumours I suppose. I may have made a very bad decision or a very good one, but I made one, and stuck to it. Fortunately, my current client still wants me for the foreseeable future...

[gingerjedi]

So you missed out on work because you were worried about bit of fuzzy legislation? I don't know your situation but I've never really worried about IR35, if I were to be at the same place for years on end maybe but recently 3 months is the norm.

I just can't see HMRC coming after me for the difference of 3 months tax outside rather than in.

Thats just me though.

[Clippy]

OP, you live and learn - don't beat yourself up about it.

Compare the OP's situation to some 'contractors' at previous gigs I've been at who have been on site for years.

At one place, the 'newest' member of one team of contractors had been there for 8yrs!

IR35! What IR35?

[SueEllen]

Matzie agents lie so who ever you spoke to was obviously not his MD.

It may have been someone senior i.e. his manager or someone older but why would an MD of a large agency bother being in the office?

[TheFaQQer]

I called the agent, who predictably wasn't happy, and tried every strong-arm tactic in the book to try to make me change my mind. I remained firm and polite throughout but it was a very tough call. Then he got his MD - of one of the largest agencies out there - to talk to me to try as well. I stuck to my guns. They agreed to let me stay opted-in to the Regs quite quickly (as they should), but we reached an impasse where they basically offered to let me write whatever contract I wanted, but I continued to insist that *working practices* are what matter to IR35, not the paper contract.

Wow - you believe that the working practices are important rather than the contract (which is correct), you had the chance to put whatever you want in the contract, you were opted in, and you decided to walk away from the gig.

If I were the agent, I'd be of the opinion that there isn't anything that they can do to please you, so wouldn't be rushing to put you forward for any other roles.

[thunderlizard]

Obviously, I'll never get anywhere with that agency again. It might even have a wider impact if there's any truth in the blacklist rumours I suppose.

For heaven's sake don't worry about that. Agencies put cash before grudges and if the opportunity arises to make some money out of you in the future, they'll grab it. Anyway, agents move on all the time: the one you spoke to is probably already working for Foxton's.

As for a shared blacklist, there's no such thing. To exist, it would have to rely on agents from different agencies putting time and energy into helping each other, when there's no direct benefit to them individually. (Stop tittering.)

[thunderlizard]

Wow - you believe that the working practices are important rather than the contract (which is correct), you had the chance to put whatever you want in the contract, you were opted in, and you decided to walk away from the gig.

Indeed. Working practices are entirely up to you and have nothing to do with the agency anyway.

[PropertyCrashUK]

I am pretty sure that on your death bed the last thing you want is to be regretting this nonsense.

You made a choice, you let the gig go. So what, move on. It did not feel right to you so follow your gut instinct.

I would not worry about upsetting agents. If they need you tomorrow they will be on the phone. Life is too short to worry about this stuff. The older I get the less inclined I am to take bull from anyone, especially all the career obsessed egos in IT and IT agencies.

[Wanderer]

Matzie agents lie so who ever you spoke to was obviously not his MD. It may have been someone senior i.e. his manager or someone older but why would an MD of a large agency bother being in the office?

I'll betcha the agent just handed the phone to another agent to try and persuade the caller. It's a common trick in call centres, that's the way they are trained in some places.

[Jubber]

Is this for real?

The agent lets you stay opted in? You can write your own contract ? And you turn it down?

Jeepers.

Are you sure you just didn't want the gig?