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Previously on "Agency Being Awkward"

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  • psychocandy
    replied
    OP - changing the subject a little. This 14-15 hour gig. How did that work then?

    Fair play on you. I would refuse this one as well - thats just nuts.
    So how did they spin this? Was this 'normal' work i.e. they said they expected this or was it emergency stuff?

    (I had an interview once where they said up front they expected 10 hours minimum per day from contractors to get their moneys worth - exact words. End of interview).

    Must admit I have worked hours like this and longer but only when things have gone belly up. Normally 7.5/8 hours its out the door for me.

    Be interested in how they spun this.

    Leave a comment:


  • Gordon Ice
    replied
    Confused

    Went through SC clearance a few years ago and had to explain all gaps in my working history. I provided a simple "didn't work" for all the periods in question and then my accountant provided a professional reference to confirm I'm legit. No problems, and as far as I can tell this is standard practise.

    Where I get confused with this tale is why if the role was too stressful did you not stop working excessively long days, or take a 2 week holiday, or anything other than walking offsite? The client would have terminated your contract resulting in the same outcome with the difference that you are not in breach of contract.

    Leave a comment:


  • centurian
    replied
    Originally posted by MarillionFan View Post
    This is a joke right?

    I'm assuming '1967' is your 'proposed' year of birth and you're being asked to explain '1 month' out of the last 5 years for some one who is '48' years old.
    Finance shops can be equally arsey - varies from place to place, but some want an explanation of any gap over 1 month.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by northernladuk View Post
    I think the devil is in the details though. If he has evidence the agent has agreed it would be enough? Did the contractor in question get anything saying yay or nay?
    I would have to hunt for the post but it was a contractor who didn't have any paperwork or evidence from the agency there was an extension.

    Leave a comment:


  • SueEllen
    replied
    You can't record people on the phone without their permission if you want to use it in court. You can however record someone and make notes from it. You should always include a description of their tone of voice.

    If they then argue about how they said it, the judge will listen to the recording for tone of voice.

    Leave a comment:


  • BlasterBates
    replied
    Verbal agreement is a contract.

    So if you agree with an agent over the phone and it's agreed, you have a contract. In this case a contract was in place. That's pretty clear.

    Now obviously without a written contract it's harder to prove the details but it would be foolish to deny it as the agency informs the client and the contractor is turning up to work. Either party denying will not be credible. Naturally the details can be denied easily, eg the rate or termination clauses, though agreeing terms and conditions even verbally and then denying them is commiting a criminal offence, though obviously you need evidence if it were to be followed up. What is acceptable is denying payment for a reason or refusing to carry out the contract because the contractual conditions haven't been fulfilled, as long as it isn't totally stupid.

    If there's an e-mail or recorded telephone conversation or a witness then that would normally be sufficient.
    Last edited by BlasterBates; 3 April 2015, 15:00.

    Leave a comment:


  • TykeMerc
    replied
    Originally posted by northernladuk View Post
    I think the devil is in the details though. If he has evidence the agent has agreed it would be enough? Did the contractor in question get anything saying yay or nay?
    It's reasonable to assume that if the Agent issues the contract they agree to it by default unless they withdraw it.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by SueEllen View Post
    There was a contractor who posted on here a while ago who didn't get an extension agreed with the agent. He went in anyway and posted here because the agent wouldn't pay him.
    I think the devil is in the details though. If he has evidence the agent has agreed it would be enough? Did the contractor in question get anything saying yay or nay?

    Leave a comment:


  • SueEllen
    replied
    Originally posted by northernladuk View Post
    Hmmmm.. That's not what I thought. Interesting.
    There was a contractor who posted on here a while ago who didn't get an extension agreed with the agent. He went in anyway and posted here because the agent wouldn't pay him.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by SueEllen View Post
    Nope.

    The agent has to show that s/he agrees to the contract.

    If the agent doesn't engage with the contractor who starts providing service to the client then there is no demonstration there is a contract in place. The easiest way is email conversation or payment of invoice.
    Hmmmm.. That's not what I thought. Interesting.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by northernladuk View Post
    He just has to turn up and start work and the agent is also bound? Doesn't have to go as far as invoicing for the contract to be in place surely?
    Nope.

    The agent has to show that s/he agrees to the contract.

    If the agent doesn't engage with the contractor who starts providing service to the client then there is no demonstration there is a contract in place. The easiest way is email conversation or payment of invoice.

    Leave a comment:


  • northernladuk
    replied
    He just has to turn up and start work and the agent is also bound? Doesn't have to go as far as invoicing for the contract to be in place surely?

    Leave a comment:


  • SueEllen
    replied
    I actually agree with BolshieBastard the terms he used don't make any sense.

    If you are going to be arsey make sure the terms you use make logical sense and your actions follow this statement. So don't give a list of agencies and direct clients if you are claiming that the company you are the director of is also your employer.

    Also OP be aware that in England and Wales even if you don't sign a contract but start working on it then your actions show you have agreed to the terms of the contract. On the other hand if the agency refuses to sign the contract, but engages with you and pays at least one invoice for your services they have agreed to the terms of the contract. This is why posters on here advise you not to start providing services for a contact unless you are happy with the contract terms.
    Last edited by SueEllen; 3 April 2015, 10:26.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by eek View Post
    It makes sense however it also makes him out to be arsey and arguing over semantics..
    That's how I read it.

    Leave a comment:


  • eek
    replied
    Originally posted by BolshieBastard View Post
    Seeing as the new contract is defence related and needs a degree of security checking, the OP has 2 option.

    He either grovels very hard to the agency he left in the lurch (and even then may not get anywhere) or he looks for another role that isnt going to involve some form of security level checking, enabling him to 'lose' the job he ditched.

    Personally, if the first agency are playing hardball, Id look for something else sharpish.



    This doesnt make sense to me. You either got paid or you didnt!
    It makes sense however it also makes him out to be arsey and arguing over semantics..

    Leave a comment:

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