Reply to: Agency terms restriction of Trade ?

[Contreras]

Don't go proving Mal wrong, he always ignores it and carries on in his little "Mal is right" shell, it's not worth the effort.

I've had similar conversations, I'm sure most of us with a few years contracting have, as you said it's standard stuff.

Yeah but don't let it get you down, eh.

[TykeMerc]

Actually no. It was a director of AgencyCo that I dealt with.

Don't go proving Mal wrong, he always ignores it and carries on in his little "Mal is right" shell, it's not worth the effort.

I've had similar conversations, I'm sure most of us with a few years contracting have, as you said it's standard stuff.

[Contreras]

They're not tricks. They're office juniors sticking to their checklist and work instructions. Real agents are too expensive to waste on us, they stay in front of the client. The people making the decisions never leave the back office.

Actually no. It was a director of AgencyCo that I dealt with.

[malvolio]

Yep. I've had this too.

me. "oh really? when we discussed a rate I assumed it would be weekly"

agent. "but the client is only paying us monthly"

me. "and we both know your job is to mark up the rate and factor it"

agent. "err..."

me. "we can talk about 2-weekly or monthly if you want to discuss the rate again"

agent. "<cough> ... let me check with accounts"

And that was it. Sorted.

This was the same agent that penned the contract with 4 weeks notice whilst the client contract was 1 week. The tricks they play I tell you.

They're not tricks. They're office juniors sticking to their checklist and work instructions. Real agents are too expensive to waste on us, they stay in front of the client. The people making the decisions never leave the back office.

[Contreras]

"That's a shame. I hope you don't mind when I phone the person who interviewed me to apologise for the fact the agency are messing both you and me around and therefore I am unable to take the contract..."

I find that works wonders with agencies....

Yep. I've had this too.

me. "oh really? when we discussed a rate I assumed it would be weekly"

agent. "but the client is only paying us monthly"

me. "and we both know your job is to mark up the rate and factor it"

agent. "err..."

me. "we can talk about 2-weekly or monthly if you want to discuss the rate again"

agent. "<cough> ... let me check with accounts"

And that was it. Sorted.

This was the same agent that penned the contract with 4 weeks notice whilst the client contract was 1 week. The tricks they play I tell you.

[NotAllThere]

I call sockie!

Was it the drip feed of relevant information that tipped you off?

[stek]

Thanks for the views I will bow out now. I simply wanted to know that if they informed me of their terms after offering me the role and I found those terms unacceptable was that a restriction of my trade. Nothing more nothing less, I am also not a dumbass for not having reserve, I normally do but have had to pay for something critical that was not planned for, perhaps that never happens to you. I canned the contract anyway.

It's not restraint of trade, just normal business terms.

So you used company money to pay for something personal and haven't left enough accrued to for CT etc?

[Eggnchips]

Thanks for the views I will bow out now. I simply wanted to know that if they informed me of their terms after offering me the role and I found those terms unacceptable was that a restriction of my trade. Nothing more nothing less, I am also not a dumbass for not having reserve, I normally do but have had to pay for something critical that was not planned for, perhaps that never happens to you. I canned the contract anyway.

[Pondlife]

I call sockie!

[NotAllThere]

Thanks for the comments, the agency have around 50 or so contractors on site and they say that they are all paid on the same basis, she also said that she had spoken direct to the hiring manager who will use another candidate. its obviously their prerogative but I walked out of the interview knowing that I had a start. The sad thing is that its about 20 minutes from home and an ideal job, for personal reasons I don't have reserve funds to see me through to the end of the calendar month for July

The agency then were not trying it on, the policy is reasonable, and you didn't stand a cat in hell's chance.

I'm with Mal on this one. Grief - pawn your car and live off the proceeds until the money comes in, then buy it back. It's hardly rocket science.

[jmo21]

Thanks for the comments, the agency have around 50 or so contractors on site and they say that they are all paid on the same basis, she also said that she had spoken direct to the hiring manager who will use another candidate. its obviously their prerogative but I walked out of the interview knowing that I had a start. The sad thing is that its about 20 minutes from home and an ideal job, for personal reasons I don't have reserve funds to see me through to the end of the calendar month for July

Quite a gamble that you assume you can get something else that will start quickly, and pay weekly.

What happens at end of July if you have nothing?

Is your credit rating screwed? Could you not get a 0% on purchases credit card to tide you over for a month, ask your bank to give you a mortgage break for a month etc?

Also, if your finances are that bad that a few weeks will cause you serious trouble, you need to consider going permie and getting things settled.

[malvolio]

You really are an arrogant arse most of the time, but on this occasion you've topped your usual astounding standards. You really do need to get over yourself, that or take a long walk off a very high roof and see if your superiority enables you to levitate.

And you are in a position to judge...? On what basis?

It's not just the commercial risk, but the cash flow situation and the willingness of the contractor to deviate from their usual terms. Payment terms is most definitely a "real reason"

If you've been gigging for 12 years and can't survive three weeks without income then you're doing something badly wrong. Walking away from a paying gig for that reason is more than ridiculous.

Will you please stop pushing IPSE membership as a universal panacea, it isn't.

No it isn't, but it does close off the financial risk of the agency not paying you, which I thought was relevant.

[meridian]

What a sad state of affairs all round.

OP, can you not recover the situation with the agency?

Can you get a personal loan to tide you over the next month? A Directors loan from the company? Surely you must have some reserves in the company for VAT, CT, etc?

[TykeMerc]

No, rubbish. It's all about risk management. Do a credit check on the agency, if they are stable and profitable then monthly is an acceptable risk, if they've got fourpence in the bank then probably shouldn't use them anyway.

But turning away several 10s of £k business for no real reason is stupid And if you're that worried, IPSE+ membership will cover the additional risk

You really are an arrogant arse most of the time, but on this occasion you've topped your usual astounding standards. You really do need to get over yourself, that or take a long walk off a very high roof and see if your superiority enables you to levitate.

It's not just the commercial risk, but the cash flow situation and the willingness of the contractor to deviate from their usual terms. Payment terms is most definitely a "real reason".

Will you please stop pushing IPSE membership as a universal panacea, it isn't.

[SimonMac]

Thanks for the comments, the agency have around 50 or so contractors on site and they say that they are all paid on the same basis, she also said that she had spoken direct to the hiring manager who will use another candidate. its obviously their prerogative but I walked out of the interview knowing that I had a start. The sad thing is that its about 20 minutes from home and an ideal job, for personal reasons I don't have reserve funds to see me through to the end of the calendar month for July

Well done for have the balls to walk away from a contract

You are a dumbass for running your company to such an extreme that your cash flow is that bad, something in a months time, is better than nothing next week!