Reply to: Ripped off by agency on the rate due to lies? what are my options?

[cojak]

This thread has reached the end of the road - thread locked.

[SueEllen]

Good news; all is now resolved with the agency and client! Very quick and good result !

What happened?

[Patek]

Good news; all is now resolved with the agency and client! Very quick and good result !

[northernladuk]

The Force is not strong with this one.

[gables]

Thanks again sir.

£450 is still the sort of top even enough though the roll is rare, in construction margins must be made obviously. They can go up to £600 with a mechanical/electrical background (which I do not have), we will see after Christmas if the agents default rates they advise to clients are going up.

For my old client I wouldn't go higher than the £450 as I'm not going to take advantage, they are pretty broke on that project but still need help seeing it through. They couldn't afford any more than that (they may sacrifice quality in that case.
In all fairness I'm obviously doing it all wrong because I always consider my clients as friends during and after my work postings. I'm not a greedy person despite how I may have come across on My OP. I haven't had a nasty or cold client, ever. I know different sectors behave differently. In construction everyone tends to know everyone who we all stick together and companies treat contractors in my experience like permenant staff, always go to the events, go out for beers, are friends In and out of the work place. Pretty much the same here in this new posting

A heads up on this point, NLUK will be along in a minute

[Patek]

Resolved

[Patek]

Hi FAQer, I don't want to clog up the whole thread by keep quoting especially long posts, but I would like to express my thanks for your really insightful and helpful reply. It is much appreciated and will take on board all of your comments

[northernladyuk]

If this is the case, then £450 seems low. If the skills are in demand, and the demand outstrips supply, then the basic economics says that you should be looking for a higher rate.

Tell the old client that you'll go back for £475.

Another factor is the negotiating ability of the contractor.

[TheFaQQer]

I've discussed with my old client and they are absolutely desperate for *my roll* and would take me back on the same rate I was on before. I am in an industry where my perticular roll there are more rolls to fill than there are qualified candidates to fill them. We are like rocking horse $hit at the moment as they say so there is no worries from my side at all about finding work elsewhere, get emails on a daily basis.

If this is the case, then £450 seems low. If the skills are in demand, and the demand outstrips supply, then the basic economics says that you should be looking for a higher rate.

Tell the old client that you'll go back for £475.

[NotAllThere]

...I've discussed with my old client and they are absolutely desperate for *my roll* and would take me back on the same rate I was on before...

If your old client is absolutely desperate offer to go back to them for £450 a day. If your role is so rare and in demand, go for even more.

[TheFaQQer]

Agency offered me a rate, advertised (£450 a day), i went to the interview, got the job, went through security clearance, handed my notice in, then during the last week before i was due to finish up, he lied during a last minute negotiation that the client (government) can no longer offer that rate (no reason given) and said best they can do is £395. in reality there were no conversations with the client (i discovered this week from other contract colleauges, all of the agents are on fixed fees). i was wet behind the ears and fell for his pressure/lies at the last minute as i already handed my notice in.

Even shorter version: you accepted a lower rather than you would like, and that others are getting, and want to change agency / get an increase from the agency

You've already got the client on side, it seems, though I'd be wary of accepting at face value what one person says unless they have detailed knowledge of the contract between client and agency, and between agency and contractor. I would be very surprised if there was nothing in either (or both) contracts which prevents you from just jumping from one agency to another, regardless of what you or the client want to happen. If there wasn't, then there would be perpetual calls from agents to contractors and clients saying "I can get you / save you £x a day"

Without knowing the terms between your company and the agent around going direct / changing agency, everything here is speculation - but you could check the contract and see what it says. You'll never see what the contract between the client and the agent says around them using a different agency without paying the current one some form of fee, though - you could ask the client and see what it says, but I would be surprised if they will show it to you, citing commercial confidence.

If you didn't opt out of the agency regulations, in writing, before being introduced to the client, then you are by default inside the regulations. This means that you can change agency or go direct 8 weeks after the end of the contract or 14 weeks after the start of your engagement (whichever is later) - so you could leave and in a couple of months go direct / elsewhere with no comeback (again, provided that there isn't anything between client and agency preventing this).

If you are really unhappy about it all, your best bet may be to give notice and look for something else. If you give notice then that might push the agency into action and you'll get an increase, but it may not. You'll also need to review that contract to see what notice you are allowed to give to terminate.

[ladymuck]

You're right to be annoyed and upset by this. There are a few points you've made where your lack of business experience are glaringly obvious and you would do well to heed some of the advice given and apply it to future gigs.

Key take aways:

• Do not end a contract early unless the opportunity is so very good you would be certifiably insane not to take it. The increased rate you anticipated that comes with travel is not a good enough deal
• Do not hand in your notice until you have received the contract, had it checked by a solicitor, and you are happy with the terms
• Turning up on site without signing the contract = signing the contract
• On some client sites, turning up without signing the contract is a breach of their Public Liability Insurance and they may refuse you access

[TheFaQQer]

do you have any legal proof this is the case? thanks

Brogden v Metropolitan Railway Company (1877)

[SueEllen]

Love you too

Mal isn't being rude to you so no need for that comment.

I would have given you that advice later but I was busy exercising and then checking if anyone I know has been injured.

[barrydidit]

T I am in an industry where my perticular roll there are more rolls to fill than there are qualified candidates to fill them.

And I thought anyone could make a buttie.