Reply to: Agency has unfair contract with 'employer'?

[DirtyDog]

wrt Lawspeed:

"Further to your email we are unable to assist you with your query as we are not a firm of solicitors and are not authorised to help individuals."

I'll look around for another place.

I'm surprised at that - their website says
"Areas in which we can help contractor, interim and freelancer clients include:
IR35 reviews and advice
Contract drafting
Fee disputes and debt recovery
Breaches of contract
Restrictive covenants
Correspondence with HMRC"

Ho hum, there are others out there that will be able to help, though.

[cojak]

wrt Lawspeed:

"Further to your email we are unable to assist you with your query as we are not a firm of solicitors and are not authorised to help individuals."

I'll look around for another place.

Really?! They've helped me in the past - ah well, things change.

Try McKenzie Law Solicitors (based in Shrewsbury, but location doesn't matter) - they ought to be able to help.

[Mulder]

Sounds as if you might be working with Modis (Adecco group) as an "Employed Consultant" or similar (doesn't sound like the Hudson 23 month model).

As others have said if you don't like the agency, then at the end of your 2 years leave and look elsewhere.
If you like the end client and the 3 month extension will allow you to go perm with the end client at the end, if you can put with another 3 months with the agency, then stay but see if you can get agreement from the end client first.

[Chris2048]

wrt Lawspeed:

"Further to your email we are unable to assist you with your query as we are not a firm of solicitors and are not authorised to help individuals."

I'll look around for another place.

[Chris2048]

If you don't want a new contract with them, don't agree and don't sign.

I believe I have to inform that a certain period before the contract ends that I want to leave, or it automatically continues
I'll look into lawspeed... Thanks!

[jonathanmaxton]

Unfair Contract Terms Guidance

Don't sign new contract with them if you don't want it.

[cojak]

Thanks for your help, it is appreciated.

Also, I've been informed that the company has extended the contract with the agency - 3 months beyond my contract end!

Don't worry about that - what the agency agrees with the client is of no concern of yours. When the end date passes, your contract ends. No amount of sweet or sour words from the agency will change that basic fact.

If you don't want a new contract with them, don't agree and don't sign.

[cojak]

Look to Lawspeed if you want professional help.

I've used them in the past and they were very good.

[jmo21]

If not then you may simply be an employee of the agency. It could be worth getting professional advice on this. The client probably has a lot to gain and the agency a lot to lose so try and conspire with the client's legal team to see what can be done.

This seems the most likely scenario.

[Chris2048]

Thanks for your help, it is appreciated.

I had a friend send me this link: https://www.gov.uk/employment-agenci...-transfer-fees

Now I'm a little unsure about what this says:
"
If you run an employment business you can charge transfer fees to hirers:
when they’re supplied a temporary worker who is then taken on permanently by the hirer (temp-to-perm fees)
"
and

"
For example, you can’t use transfer fees unreasonably to discourage hirers from:
offering permanent work to temporary workers
"

Is this why it's important if the agency is an "Employment Business"? I'm currently trying to dig out my contract to check, I'll post back here any detail I find and think might be relevant.

Another detail:
with respect to "the Agency Conduct Regulations", I got this email a while back:
"
salary variation:

New legislation entitled 'Agency Workers Regulations 2010' is effective from 1st Oct 2011. While this is not applicable to your employment, to the extent that it is deemed applicable, by entering into this contract variation you will have no entitlement to rights conferred under Regulation 5 of the AWR insofar as they relate to pay.
"

The message urged signing it and sending it back, which I didn't since the 'variation' was a 1-year pay increase already promised by my current contract. I found it suspicious that I needed to sign something else, while also signing away some right that didn't apply to me - but might apply to me?!

FYI, regulation 5 is "Regulation 5 provides a right for the agency worker to the same basic working and employment conditions as the agency worker would have been entitled to if they had been recruited directly by the hirer.
" -- http://legislation.data.gov.uk/nisr/.../made/data.htm

As an totally out-there idea: my friend also suggested it might be possible to set up as a company in my own name, and contract out myself on behalf of that company? I wonder if that's covered by the second bullet-point on the first link I provided? Just a thought.

Also, I've been informed that the company has extended the contract with the agency - 3 months beyond my contract end!

[Wanderer]

opt-out? I've not heard of any options to do so. The agency gives "training" at the beginning of the contract, for which you are liable large sums of money if you break the contract. Working as a temp is percieved as commpensation for this training.

Read your contract carefully because these questions are important:

• Does it mention anything about them acting as an "Employment Business"?
• Does it mention an opt out of The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (aka the Agency Conduct Regulations).

If not then you may simply be an employee of the agency. It could be worth getting professional advice on this. The client probably has a lot to gain and the agency a lot to lose so try and conspire with the client's legal team to see what can be done.

[Chris2048]

This is where you need to know your opt-out status from the agency regulations - these are designed to protect temps in situations like this.

If you did not opt out, in writing, before being introduced to the client, then they cannot be paid if you leave it eight weeks from the end of your contract with them. The client does not have to pay them anything, either, if you remained inside the agency regulations.

opt-out? I've not heard of any options to do so. The agency gives "training" at the beginning of the contract, for which you are liable large sums of money if you break the contract. Working as a temp is percieved as commpensation for this training.

[Wanderer]

It seems that you are not a contractor but a "temp" employed by the agency. Is that correct?

The agency are acting as an Employment Business as defined by the Employment Agencies Act 1973. I'm not sure how your attempt to draw a distinction between a "contractor" and a "temp" is relevant here.

As GB9 says, press the client to sort this out. Also tell us what your "opt out" status is because this is very important to the client....

[DirtyDog]

This is where you need to know your opt-out status from the agency regulations - these are designed to protect temps in situations like this.

If you did not opt out, in writing, before being introduced to the client, then they cannot be paid if you leave it eight weeks from the end of your contract with them. The client does not have to pay them anything, either, if you remained inside the agency regulations.

[GB9]

It isn't directly your problem from what you write. You appear to be nearing the end of your 2 year period so you become a free agent. Unfortunately the current end client has a contract that says they can't employ you until they have given the agent a year's commission (or so it sounds).

The reality is, if this is the case and the employer wants you, they could easily come to an arrangement with the agency to pay them the commission they would have had over the course of the year. As it is, the agency is getting the best of both world's, longer from you and money from the client.

You need to press the client to do something. Explain the situation and see what they say. Ultimately, its up to them to do something. If they won't, then start looking elsewhere now. My guess would be that if the client won't do something now, then they won't do anything when the year is up. Until then, you get stuck on a lower salary.