Reply to: Forfeiture of Contractor Fees's - Is it Legal

[deneway]

All done for me..

The agency provided new T&C's with Forfeited removed and replaced with Delayed..

There were other points of concern but I can put up with them, the main problem was addressed and sorted..

Thank you everyone for your comments, support and advice

[deneway]

gingerjedi - Just sent you a PM with regards to our situation..

[expat]

Those twats keep creating an iProfile for me that I keep deleting

I adopted Malvolio's suggestion: sign in to iprofile, complete every section (with N/A or whatever), then when you have done that, you can lock the profile so that no-one can change it.

[pmeswani]

You've got a few options:

1. Persist with your rejection
2. Ignore them, and then should the situation arise, sue their bottoms off

I'd go for option 2 just after you've sent them a witnessed letter, preferably composed by a lawyer, stating that in no way will you ever accept the term ever.

3rd option. Apply for the job on Jobserve and see how they react!

[NotAllThere]

You've got a few options:

1. Persist with your rejection
2. Ignore them, and then should the situation arise, sue their bottoms off

I'd go for option 2 just after you've sent them a witnessed letter, preferably composed by a lawyer, stating that in no way will you ever accept the term ever.

[oracleslave]

is it glotel?

Those twats keep creating an iProfile for me that I keep deleting

[Bluebird]

It gets better, I just spotted my role on Jobserve advertised by my agency posted today.

who's the agency?

is it glotel?

[pmeswani]

It gets better, I just spotted my role on Jobserve advertised by my agency posted today.

What's the link to the your job on jobserve.

[deneway]

I'm trying to contribute to the thread but need Moderator Intervention..

[gingerjedi]

It gets better, I just spotted my role on Jobserve advertised by my agency posted today.

[gingerjedi]

If they persist then a quiet word with the Client (avoid whining or complaining) pointing out that you're having some issues with the Agent trying to impose an unacceptable clause might be in order.

I have thought of that but how many layers of managers do you think I'd have to get through before I found anyone who gave a dam when dealing with a company like HP? I've got no chance.

They're not asking me to sign anything as I’ve already signed a contract under their old T’s & C’s, they're telling me that these are the new T's & C's and that’s that.

[TykeMerc]

I'm getting sick of this...

They are insisting that that their clause complies with UK law and they have had it checked with their solicitors, no mater how many times I tell them that I don't agree they come back with 'I hope this clears things up and you now accept our new T's & C's'.

I didn't renew my PCG membership whilst I was on the bench as I wasn't sure if I'd need it again... typical.

BTW They are also saying that all their other contractors have accepted this and I am the only one who is kicking up a fuss?? This thread is proof that this is not the case.

That's typical attempted strong arm tactics and the "you're the only one kicking up a fuss" type of line should be treated with the contempt it deserves.

If you're not happy with a contract clause refuse to sign until it's removed, if the agency tries to tell you that you will be endangering the current contract or an extension point out that you won't sign up to unfair T's&C's that wouldn't stand up in court. If they persist then a quiet word with the Client (avoid whining or complaining) pointing out that you're having some issues with the Agent trying to impose an unacceptable clause might be in order.

[gingerjedi]

I'm getting sick of this...

They are insisting that that their clause complies with UK law and they have had it checked with their solicitors, no mater how many times I tell them that I don't agree they come back with 'I hope this clears things up and you now accept our new T's & C's'.

I didn't renew my PCG membership whilst I was on the bench as I wasn't sure if I'd need it again... typical.

BTW They are also saying that all their other contractors have accepted this and I am the only one who is kicking up a fuss?? This thread is proof that this is not the case.

[deneway]

Final Straw

Update:

Received another email today similar to gingerjedi, but because I did not reply to there VM which was left yesterday, they assumed I had accepted their new T&C's and also because I was still working on-site, and that NO OTHER CONTRACTOR's had complained!!! What a bunch of liars..

If the clause is un-enforceable why insist on it being included?

I replied to their email, stating I did not accept the T&C's if they didn't want me to work for the client I would leave I also mentioned I would inform the client out of courtesy which I have done, he wants me to stay and has contacted them stating this. So will have to wait to see if I have work tomorrow or not..

[gingerjedi]

There is a reason why they take a slice of the fee the client pays.

Yes I know... arranging one interview has never been so lucrative.