Reply to: Been asked to show passport, but I'm using an umbrella - er??

[The Wikir Man]

I am a slither away from telling him to stuff his contract where the sun don't shine. If I'm getting all this grief now I can only presume I will always have grief from him.

Sounds like a plan - keep looking for something else. Anything other than this seems like a good idea.

The agent (and it's probably just the one person at the agency) clearly hasn't got a clue about how the agency-umbrella-contractor relationship works. Move on - and explain to the client why you are moving on.

[PinkPoshRat]

And the story just keeps on getting worse, and worse...

According to Reed Engineering, I am the only contractor to ever want amendments made on their contract!

I asked that the contract end date be changed from "On going" to what we verbally agreed, which is "3 months" simple enough request? No.

Not only was the agent clearly unhappy by the fact that I had to tell them that they should be signed by by umbrella company, but he also wanted me to sign payment forms on behalf of my brolly company. According to the agent, I CAN sign on behalf of the umbrella company!!!

The agent even phoned my brolly to check whether I was wrong, and when he was told he was wrong he went off on one, so it seems that neither I or my brolly company know what we're talking about...

I am a slither away from telling him to stuff his contract where the sun don't shine. If I'm getting all this grief now I can only presume I will always have grief from him.

[PinkPoshRat]

Standard procedure in loads of companies now especially if they are large ones, is references can only come via the HR department.

So next time an agent asks you explain that you can get them a reference but it will be from the HR department as that is company policy.

Most will give up on you when you say this.

Nice idea - I like that and that's what I shall tell the agency. Thank you!!

[SueEllen]

I guess the agent could now terminate my contract as I am refusing to give reference names!?

Standard procedure in loads of companies now especially if they are large ones, is references can only come via the HR department.

So next time an agent asks you explain that you can get them a reference but it will be from the HR department as that is company policy.

Most will give up on you when you say this.

[The Wikir Man]

And the irony is that I'm now getting decent contract offers from a trusted agent, which I'm having to decline.

... the word 'buses' comes to mind!

Have you signed the new contract? If not, then keep looking.

When accepting the contract, make sure it's "subject to agreeing the contract terms" which you don't do until you are actually about to start.

I always keep looking until the day before I hit the ground (and sometimes after that!) - first one to get me on-site with a contract that I'm happy to sign wins.

[PinkPoshRat]

And the irony is that I'm now getting decent contract offers from a trusted agent, which I'm having to decline.

... the word 'buses' comes to mind!

[The Wikir Man]

Thanks Wikir Man!

What concerns me is that I offered to give the names of the agencies who I used, but that was not acceptable (I guess even agents don't trust each other..)

I guess the agent could now terminate my contract as I am refusing to give reference names!?

Theoretically, they could terminate the contract. However, I would suggest that it's unlikely - they have found someone, the client wants them to start, and they would be silly to jeopordise that at this stage and have to re-recruit.

Play it back to the that you would like to be able to give them a reference, but it would be ILLEGAL to give them the reference from the government site, and would be a breach of contract for you to disclose anyone else from other clients because of your NDA.

See if you can get contact details for someone from the client from them before arguing too hard - then if they try to pull the contract then explain politely that you will speak to the client and make them aware of why the agency is pulling the contract from them.

It's difficult to tell whether the agency is after leads or not - if they are, then they will not pull the contract. If they believe that they MUST do this to protect the client, then by going through the motions of trying to get references, then they cover themselves with the client just by asking for the references.

Hopefully, it shouldn't take much to get them to see sense, but you never know.

[PinkPoshRat]

Thanks Wikir Man!

What concerns me is that I offered to give the names of the agencies who I used, but that was not acceptable (I guess even agents don't trust each other..)

I guess the agent could now terminate my contract as I am refusing to give reference names!?

[The Wikir Man]

... I have now been asked to give the names, telephone numbers/email addresses of my line managers covering the last 5 years. I hope I have done the right thing, as I refused to supply this information.

I have worked on MoD sites, and worked via an umbrella so surely any reference needed for me could be supplied by the umbrella or the other agency?? Also, I am not happy about giving out the names of ANYONE in the MoD!!

I've been told that these references are needed for auditing purposes, and not used for obtaining leads... Am I right to hold my ground here??

Explain that you are under a non-disclosure agreement, or the Official Secrets Act, but can put them in touch with the agency.

I had to give a reference for this gig (agency insisted on it) - last client refuses (I had to get an email saying that they refused to give one, though!) and previous one was covered by Official Secrets Act. Pointed them to the agency and heard nothing more from them.

[PinkPoshRat]

... I have now been asked to give the names, telephone numbers/email addresses of my line managers covering the last 5 years. I hope I have done the right thing, as I refused to supply this information.

I have worked on MoD sites, and worked via an umbrella so surely any reference needed for me could be supplied by the umbrella or the other agency?? Also, I am not happy about giving out the names of ANYONE in the MoD!!

I've been told that these references are needed for auditing purposes, and not used for obtaining leads... Am I right to hold my ground here??

[The Wikir Man]

I did consider going PAYE, but I managed to get a higher rate for LTD (+30%) so I shall be slightly better off LTD as opposed to PAYE

I'll also be driving around to various sites, and IMO I'm better off claiming my mileage under a LTD as the rate I can claim will cover the running costs of my car and not just the petrol. I may be wrong here but I can't believe the agency would pay me £0.40p/m for the first 10,000 miles!

FWIW - you aren't limited, you are through an umbrella

Even if the agency didn't pay you 40p a mile, you can claim the difference as an expense on your self assessment tax return, so it comes off your taxable income.

[PinkPoshRat]

I did consider going PAYE, but I managed to get a higher rate for LTD (+30%) so I shall be slightly better off LTD as opposed to PAYE

I'll also be driving around to various sites, and IMO I'm better off claiming my mileage under a LTD as the rate I can claim will cover the running costs of my car and not just the petrol. I may be wrong here but I can't believe the agency would pay me £0.40p/m for the first 10,000 miles!

[The Wikir Man]

If reed are offering PAYE why not take it?

Unless your on a decent contract rate which I can't see coming from Reed then you'll probably come out on top by not paying the umbrella fees.

Depends how much you can claim in (legitimate) expenses - would Reed give as good a return as umbrellas?

I don't know - and given the choice, I'd take the PAYE option than doing PAYE and paying employers NI as well as brolly fees.

[Sockpuppet]

If reed are offering PAYE why not take it?

Unless your on a decent contract rate which I can't see coming from Reed then you'll probably come out on top by not paying the umbrella fees.

[The Wikir Man]

Jeez it isn't like they are two bit company. Why put your role at risk by getting all shirty with the agency.

Because they should know how the business is run - they have no business whatsoever encouraging the OP to deliver the contract to them, when the contract needs to go to the umbrella company before it can go to the agency.

Because they don't seem to understand how working through an umbrella works in this situation? If the OP is paying an umbrella, then why are they saying that (s)he needs to be PAYE through them?

If they are getting such basics wrong, then what else are they going to screw up over the course of the contract?