Is it the same process as using an agency?

[The Spartan]

Hi

Me again, yes I to am wondering whether or not I'm cut out to be a contractor I'm going to be working for a client based in Europe from the UK through a consultancy. Firstly I thought I'd be direct to the consultancy but then after sobering up I realised they're more or less acting as a facilitator so question is contract wise do they represent themselves as 'the agency'

Probably an easy question for most to answer no doubt but I'm struggling today and I've searched to no avail.

[northernladuk]

The difference between the two is how you are perceived by the client. Through an agency you are just a bum on the seat, with a consultancy it is likely you will be part as an offering from the consultancy so will seen by the client as an employee of that consultancy. Maybe not employee but part of that organisation,if you see what I mean.

With a consultancy they are your client, you will be working with your clients client. I would say you are direct with the consultancy. You are working on behalf of the consultancy.

With an agency he is just middle man so your client is the client you are working with.

Is that something along the lines you were asking.

[The Spartan]

You my friend are a legend, I'm sure it's been said before by I will say it again 'LEGEND!'

It is what I was trying to get it in a roundabout way

[northernladuk]

Regarding the 'offering or facilitator' it can vary. You would have to look at the working environment to see if you are part of a service being delivered by the consultancy or are they just a bum on seat service. You should be able to find that out from asking a couple of questions and looking at what is being delivered to the client. Are you on a team staffed by your consultancy or just a random contractor thrown in to fill a seat.

Very confusing as there are agents delivering consultancy services and consultancies delivering bums on seats so have to look at your situation to decide.

[northernladuk]

You my friend are a legend, I'm sure it's been said before by I will say it again 'LEGEND!'

Make a change from being called a BELLEND so I thank you kind sir!!!

[The Spartan]

Regarding the 'offering or facilitator' it can vary. You would have to look at the working environment to see if you are part of a service being delivered by the consultancy or are they just a bum on seat service. You should be able to find that out from asking a couple of questions and looking at what is being delivered to the client. Are you on a team staffed by your consultancy or just a random contractor thrown in to fill a seat.

Very confusing as there are agents delivering consultancy services and consultancies delivering bums on seats so have to look at your situation to decide.

Hmm might be a bum on a seat, basically it's assisting to launch a project for a company I would be the only contractor and the rest are permies which is why I've been getting confused. The end client is based in Europe but I would work from home on a number of days and a number of days in London. I have to meet with the client for a few days in Europe, the contract is just for a month and finishes a few days after the launch.

Suffice to say the consultancy are useless they supplied me with a less than useless contract as they have no idea, in someways it'd be easier if it was an agency I'm signing up to PCG today and was going to use their templates but the question is if it's not direct does that mean I'll have to get them to sign the other bits and pieces like AWR and opting out etc

[northernladuk]

Hmm might be a bum on a seat, basically it's assisting to launch a project for a company I would be the only contractor and the rest are permies which is why I've been getting confused. The end client is based in Europe but I would work from home on a number of days and a number of days in London. I have to meet with the client for a few days in Europe, the contract is just for a month and finishes a few days after the launch.

Suffice to say the consultancy are useless they supplied me with a less than useless contract as they have no idea, in someways it'd be easier if it was an agency I'm signing up to PCG today and was going to use their templates but the question is if it's not direct does that mean I'll have to get them to sign the other bits and pieces like AWR and opting out etc

I have been direct with a consultancy before working on their clients site. They were the preferred supplier for the project we were working on so had a nice ring fenced bit of work but it was such a long programme the lines started to blur and another small consultancy came in and ended up managing the SoW for my consultancy (ooops) so it became a mish mash of people from us, them and two large Indian outsourcers. Ended up just being a body shopping set up being slowly squeezed out by the offshore guys.

Whatever it appears to be at the beginning it could be completely different by the end.

[The Spartan]

Sounds similar to your situation as the consultancy is a preferred supplier, I guess I'll go with the Direct approach as we all know unless the working practices stack up then then the contract isn't worth the paper it's printed on.

I appreciate the advice NLUK it's been really helpful

[Antman]

Make a change from being called a BELLEND so I thank you kind sir!!!

You still remember that post?

[TheFaQQer]

Suffice to say the consultancy are useless they supplied me with a less than useless contract as they have no idea, in someways it'd be easier if it was an agency I'm signing up to PCG today and was going to use their templates but the question is if it's not direct does that mean I'll have to get them to sign the other bits and pieces like AWR and opting out etc

If they aren't an agency, then you can't opt out of the Agency Regulations.

I thought that the PCG had a direct to client template which wouldn't have these kind of things in there. If not, there is a free one on the Qdos website which you could use.

Edit - just downloaded the PCG direct one, and it includes stuff about AWR which I can't explain!