Reply to: Exclusivity email (Newbie)

[mudskipper]

I've a few recommendations on accountants so I'll start getting in touch.

And very good they are too - intouchaccounting.com

(Tell them I sent you!)

[SueEllen]

On a side note this got me thinking and I was wondering if it was fair game to phone the client and ask who is on the preferred list for this particular job?

Can I verify they're on it, as a freedom of information request perhaps, and if this falls could I then contact another agency on that list?

You can only ask the client questions once you have some sort of relationship with them. This normally happens when they have interviewed you, and you need to be discrete. As while some clients enforce the clause, others don't care as long as they don't know and some others are clueless about the tricks agencies use. In the last two cases if they know don't expect to get that contract.

Also be aware that some clients don't play fair either as they put agencies up against each other. For example they use 10-12 different agencies pretending to recruit for a couple of roles simply because they want to see what they can get for their money if they had a role available. Then when they have a role available they advertise direct. Alternatively they fill the position internally, or withdraw it completely as there isn't actually a budget for the role.

Finally I've had similar to PC a few times. It's more amusing when you get on-site and discover the agent who phoned you up first, while also on the PSL, sent in other CVs the client binned. The first agent didn't actually listen to the client saying they wanted someone who also has particular soft skills as well as the technical skills.

[northernladuk]

Let me throw a curve ball in as nothing is black and white. You can tick the boxes to start bit it all goes on at times. A certain financial client in West Yorks uses one of the more well known agents who has dibs on you if you've ever applied. Applied for a gig through them and got put forward for interview bit cancelled. I applied for another one later in the year through a smaller agent who called me back saying the first agent had dibs. First one wasn't even advertising the role. Spoke to all concerned including the client who just said that's the way it was. Bit fair on the smaller agent who seemed pretty good.

Things aren't always black and white. Just have to keep your wits about you and play the game.

[Clarkee21]

I'm so glad I posted this now as it's certainly been an eye opener and learning curve for me. Thank you all!

I sent the email off at 14:00 today with the boilerplate along with a statement that the mention of my name was for the purpose of this mail and subject to change once the limited company is setup.

I've not had a response but I've given them 24 hours to confirm the CV has been submitted. I guess I'm more strict Bolshie .

On a side note this got me thinking and I was wondering if it was fair game to phone the client and ask who is on the preferred list for this particular job?

Can I verify they're on it, as a freedom of information request perhaps, and if this falls could I then contact another agency on that list?

Thanks again
James

[BolshieBastard]

Morning All

I'm just beginning my journey into the contracting world and have started speaking to agencies about some potential interviews.

This morning I've received an email from one agency who are keen to put me forward for one.

Before they can do this though they want me to copy and paste the following confirmation email and send it back.....



Seems a bit harsh and I find it hard to believe this would stand-up legally but looking at some old threads on the forum I've come across this one which seems to have some good suggestions.

http://forums.contractoruk.com/busin...ml#post1492470

Is the boilerplate response still the way to go with this kind of situation?



I'm also still to set-up my limited company on the basis that I don't have a gig yet. How does this stand if I put myself forward as an individual?

Thanks
James

Good, you've learnt not to give the agent open ended exclusivity. I certainly wouldnt agree with their statement of 'vacancies at the client' as that implies the exclusivity is not just for this role.

Make it absolutely clear exclusivity is conditional on;

confirmation your cv is submitted to the client (else exclusivity ends)
and that this confirmation is time limited to a maximum 72 hours from the time of your email.

If agent cannot or will not comply with this, tell them thanks but no thanks, even if they say they are the only preferred supplier.

[Bee]

Interesting posts, always learning here.

[LondonManc]

Another vote for "this specific role" and "only if my CV is forwarded".

Sometimes clients will say only two CVs please. Sometimes an agent will send their two and then see you.

So they think, hmm, I don't want another agent to get this person and then they get the gig instead of one of my two. So they email/call and say yes your CV is great, I'll sort you out, just sign this. So you're happy thinking great, might get this gig, when in reality CV has just gone in the bin and agent is happy because its less competition for his contractors.

Happens all the time. Even if an agent tells me they've put me forward and another calls me I'll tell the truth but tell them any way to check and you find out I've not been out forward go for it, its all yours.

Happened the other week. One agency swore blind they had. Client had a portal which needed DOB and NI number. 2nd agency came along and said we cant submit to portal if its already been done.

So I said go for it and try if you like. They did - I hadnt been submitted yet. They got me an interview.

Sounded such a good story until then.

[psychocandy]

Another vote for "this specific role" and "only if my CV is forwarded".

Sometimes clients will say only two CVs please. Sometimes an agent will send their two and then see you.

So they think, hmm, I don't want another agent to get this person and then they get the gig instead of one of my two. So they email/call and say yes your CV is great, I'll sort you out, just sign this. So you're happy thinking great, might get this gig, when in reality CV has just gone in the bin and agent is happy because its less competition for his contractors.

Happens all the time. Even if an agent tells me they've put me forward and another calls me I'll tell the truth but tell them any way to check and you find out I've not been out forward go for it, its all yours.

Happened the other week. One agency swore blind they had. Client had a portal which needed DOB and NI number. 2nd agency came along and said we cant submit to portal if its already been done.

So I said go for it and try if you like. They did - I hadnt been submitted yet. They got me an interview.

[LondonManc]

...and include the specific role they are talking about.

+1 for me and arguably more important than the time limit.

Also add the clause "subject to xxxxx agency being on the client's preferred supplier list"

[BrilloPad]

Reply with "I agree to be represented at company xyz for role abc provided my CV is put forward".

You should only be represented for each role.

And sometimes agents can only put forward 3 CVs. They will try to represent others to make sure other agents cannot put them forward!

[Clarkee21]

Clients don't often wait so long for a start so you aren't going to get offered many gigs with that timescale. That said its Xmas and a Jan start would make more sense so might work at this time of year.

That's what I'm hoping for but if I have to work then so be it. If anything it'll make up for the lack of pay coming February anyway.

Credit to this site though it's been a huge help in making this decision to move into contracting so I big thank you from me!

Hopefully the redundancy is the opportunity I've needed to give this a go. I can't believe I've been a member of this site since 2007, it's taken me long enough!

Thanks
James

[northernladuk]

Clients don't often wait so long for a start so you aren't going to get offered many gigs with that timescale. That said its Xmas and a Jan start would make more sense so might work at this time of year.

[Clarkee21]

...and include the specific role they are talking about.

Thanks both for your input

I think I've got all of that covered through the example in my original post but the one thing I think I will add is that the individual named is to be changed for a limited company shortly.

I'm just concious of the time I have before interviews start.

Thanks again
James

[Clarkee21]

For the cost I'd personally have the company set up. It's pretty common in contracting to interview Wednesday and start Monday. If that is the case you have a hell of a lot to get your head around in two days. Accountants, bank accounts, company formation, contract check, VAT registration, PI/PL, FRS yadda yadda. Not all of it needs to be done immediately but you will need a company for the contract to be with.

An accountant can set one up in a couple of hours but you've got to find that accountant first I would guess so should be ringing around people and interviewing them to see who you like the sound of and so on. Will be quite a headache to do all this and get your contract checked for IR35 in a few days.

You could of course go umbrella for the first few months just to remove the hassle if you are unsure. It's not quite as efficient but for a few months it will be worth the headache. Not everyone agrees but I did it and I know a lot of experienced guys that did. 3 months in a long contracting career won't kill you.

Be sure to read the two references sticky before you engage with the agents as well. They are devious little monkey's at times.

Thanks again. I'll start looking into it today then.

My circumstance just now is that I've just been made redundant from my FT job and currently working my notice period to the 18th of December so with that being a week from Christmas I'm hoping to line something up to start at the beginning of January.

That may give me some much needed breathing space to set all this up in that case. I've a few recommendations on accountants so I'll start getting in touch.

Thanks
James

[WTFH]

Set a time limit, otherwise you have to always use them.

Include something which says that this is subject to them being on the PSL.

Include something which says that they will submit your contract within a given time period (days).

Otherwise, you're giving them everything and getting very little in return.

...and include the specific role they are talking about.