Advice please if choice of direct or via agent

[Zumba Queen]

I assume the contract terms and conditions will more or less be same for both the scenarios. Is there anything specific to look for in the terms and conditions in case of direct engagement ?

If you're considering going direct (and I always try to) then you need to read the contract extremely carefully. I usually provide mine for reference - I paid to have it drawn up - as that way you can ensure IPR, Warranties, patents etc are covered as you want it (not to mention substitution).
If T&S is a concern, factor it into your rate. But be reasonable. I'm currently direct with a client and have to travel 200 miles a week and stay over 1-2 nights a week. I charge an extra £50/day and try to only stay over once a week. That covers my costs. I have an agreement that I won'y incur any other expenses!
But don't forget many clients still try to stick to 45-60 day payment terms!

[PurpleGorilla]

Thanks for all the messages, I've applied direct, I will keep you posted.

[uk contractor]

Go direct its probably less cost to the client they do not have to pay agency margin or renewal fees so they can still pay you a decent rate. IME working direct means you have HR access I have walked into HR before & got any payroll issues sorted immediately.

If you have decent people skills its easy to get HR to help you out if they need to. I also think the client will favour direct applicants vs agency applicants as less overhead to them so it goes in the favour of direct applicants IME.

[fidot]

'Fraid not. It's not related to whether you use an agency or not. The proposal is that if you are subject to any one of Supervision, Direction or Control then you can't claim. Going direct makes no differance.

The only exception is for what they see as large consultancies who main business is not in the supply of labour. They regard your Ltd. Co. as primarily existing in order to supply your labour to end clients.

Yes that is true, but going via an agency pre-supposes SDC (according to the proposal). If you are direct you will at least have a chance to discuss it.

[DaveB]

Also, if the travel and subsistence rules are applied as proposed, going via an agency will mean that you won't be able to claim travel and subsistence expenses.

'Fraid not. It's not related to whether you use an agency or not. The proposal is that if you are subject to any one of Supervision, Direction or Control then you can't claim. Going direct makes no differance.

The only exception is for what they see as large consultancies who main business is not in the supply of labour. They regard your Ltd. Co. as primarily existing in order to supply your labour to end clients.

[fidot]

Also, if the travel and subsistence rules are applied as proposed, going via an agency will mean that you won't be able to claim travel and subsistence expenses.

[SueEllen]

I assume the contract terms and conditions will more or less be same for both the scenarios. Is there anything specific to look for in the terms and conditions in case of direct engagement ?

Payment terms will differ.

If you go through an agency you can negotiate so they can pay quicker. If you go direct it's much harder to do this as even if the person in the client sorting out the contracta agrees, their finance department won't.

With one large client I was direct with the finance department were consistently not paying on time and elsewhere in the country, so I had to be paid by cheque by one of the directors.

Oh and if you apply direct, make sure there are no opt-out clauses and the handcuff clauses make sense.

[BlasterBates]

I assume the contract terms and conditions will more or less be same for both the scenarios. Is there anything specific to look for in the terms and conditions in case of direct engagement ?

Agents will pay on time, whereas clients will deliberately wait until you've sent several reminders before paying. It's part of the strategy of reducing working capital.

The whole raison d'etre of an agent is to smooth out this process often by paying the contractor before they've been paid. Obviously it's more efficient as they are sending an invoice for a lot of contractors so they've a little more clout.

As an individual contractor your pleas to get paid will probably go unheeded for a while.

[raphal]

Quite often the client will simply arrange the contract through their preferred agent. You might get better conditions though.

If you end up direct, the client will want a discount because there is no agent involved and as a contractor you'll just end up with the hassle of chasing invoices. In other words don't assume because there is no agent you get the agent's margin as well.

I assume the contract terms and conditions will more or less be same for both the scenarios. Is there anything specific to look for in the terms and conditions in case of direct engagement ?

[BlasterBates]

Quite often the client will simply arrange the contract through their preferred agent. You might get better conditions though.

If you end up direct, the client will want a discount because there is no agent involved and as a contractor you'll just end up with the hassle of chasing invoices. In other words don't assume because there is no agent you get the agent's margin as well.

[raphal]

I have seen this with M0rganStanley and Bl0omberg. They advertise on job sites directly and also accept applications through agencies. Seen this with Cubic also (client advertised perm role, agency advertised for both perm and contract).

[northernladuk]

My last client did this but the website content is managed by their on site presence so you would still be apply through the agent. I've also heard of people approaching clients direct for gigs and then just being pointed at the agent.

It is extremely unusual for a client to have both options available. They use agents to do away with that side of the work so why on earth would they bother doing it as well? There are exceptions of course.

So my money is whatever you do you'll end up with the agent. Shouldn't be hard to work out what the situation is. If it is as I suspect I'd rather go straight to the agent so cutting out another link of the chain.

[Danglekt]

personally I'd always go direct if I can

[PurpleGorilla]

Seen a contract role that you can apply direct (company website) or through an agent.

My first reaction was to go direct, but an agent could be useful.

This is a long term role (12months+)

Advice appreciated!