Reply to: Contract Agency Rate advice.

[Andy Hallett]

I think they'd struggle to justify a retro rate cut either ethically or under contract.*












* Unless it is one of our brands, in which case pay the money back.

[fool]

Surely a mistake is when they say "The rate is now £400/day", then the contract comes through, and it says eg £425, and you knowingly don't tell them.

Retrospectively back dating a rate cut further, when that new figure was never mentioned to you can't possibly be enforceable can it?

Their relationship isn't yours, so no, it doesn't matter and they can't make you eat a rate cut they never told you about. I actually had a colleague who rejected their renewal when the agency told our department he'd accepted.

He wasn't sure whether he wanted to stay, but I pointed out he had them by the nuts and he quite happily renewed for £150 extra p/d. They're almost certainty losing money on him but that's the price they pay for screwing up.

It's not their god given right to make a profit and it's their own problem if they failed to push a rate reduction on to you. They can only do this going forward where you have the ability to say "no thanks" and leave.

[jmo21]

Surely a mistake is when they say "The rate is now £400/day", then the contract comes through, and it says eg £425, and you knowingly don't tell them.

Retrospectively back dating a rate cut further, when that new figure was never mentioned to you can't possibly be enforceable can it?

[LucidDementia]

after they've signed the contract and have been paying the agreed amount for 3 months? no chance

WHS

Kick-em tulipless.

[OnceStonedRose]

I know a certain agency who shall rename nameless who would do this sort of thing if they could get away with it.

Did the classic day before start to one guy (not me!) i.e. sorry client hasn't got the budget so they've cut the rate by £50. Of course, client had done no such thing and agent pocketed the difference. All came out, client was not pleased that agent had lied and falsely represented them but agent still managed to blag his way out and keep the business.

Large company with signed agreements/loads of contractors on site - seems agents know it takes a fair bit to get kicked out totally. One dodgy deal with one contractor isnt going to kill it.

Also, one agent pulls this sort of thing, make a few thousand for the agency and hes agent of the week (and he thinks hes bertie big bollox). If it goes wrong, agency just blame rogue agent.....

In the the case I saw, client was REALLY stupid and naive, and agent was completely full of tulipe and seemed able and confident in his ability to talk his way out of anything if it went wrong.... Probably made loads of money

If this is/was true why would they remain nameless? Surely in the intrest of your fellow service providers you should be offering them up as part of this shocking review otherwise its just scandalous gossip like norris from corrie would engage in?

And i'd tell the agency in question to sling it for the case in question.

[vadhert]

Tell them to piss off or walk away.

[psychocandy]

Yes.

Sound like they've cocked up and are out of pocket, their mistake so tough, that's life.

I know a certain agency who shall rename nameless who would do this sort of thing if they could get away with it.

Did the classic day before start to one guy (not me!) i.e. sorry client hasn't got the budget so they've cut the rate by £50. Of course, client had done no such thing and agent pocketed the difference. All came out, client was not pleased that agent had lied and falsely represented them but agent still managed to blag his way out and keep the business.

Large company with signed agreements/loads of contractors on site - seems agents know it takes a fair bit to get kicked out totally. One dodgy deal with one contractor isnt going to kill it.

Also, one agent pulls this sort of thing, make a few thousand for the agency and hes agent of the week (and he thinks hes bertie big bollox). If it goes wrong, agency just blame rogue agent.....

In the the case I saw, client was REALLY stupid and naive, and agent was completely full of tulipe and seemed able and confident in his ability to talk his way out of anything if it went wrong.... Probably made loads of money

[pr1]

Ah right. So when they under pay you, you dont have any recourse to the money owed? I'll let you continue to believe that one.

Very much doubt the 'concensus' that's built up here. An error is an error and if they can show its an error, it will have to be paid back in full.

after they've signed the contract and have been paying the agreed amount for 3 months? no chance

[SlipTheJab]

Am I the only one to think this might be the agency trying it on?

Example. Client pays agency £500/day for 6 month contract. Contractor gets £450/day. Hes happy works 3 months of the 6.

Agency sends this letter. Oops sorry it should have been £400 per day. Please can we have our money back and it'll be £400 going forward.

Instantly, makes 60 days x £50 = £3000. Then another £3000 in the next three months.

Bait and switch. Entice contractor in with nice high rate then claw it back saying its a mistake.

Personally, unless it was a really obvious mistake (like £2000 a day instead of £200) I'd be saying sorry.....

Yes.

Sound like they've cocked up and are out of pocket, their mistake so tough, that's life.

[SlipTheJab]

Ah right. So when they under pay you, you dont have any recourse to the money owed? I'll let you continue to believe that one.

Very much doubt the 'concensus' that's built up here. An error is an error and if they can show its an error, it will have to be paid back in full.

Eh? He's getting paid what the contract states he should be. Signed a contract with the rate specified, end of.

[psychocandy]

And really is an agency ever going to say "sorry we worked it out wrong, we're taking a massive margin, more than we normally would - tell you what heres the extra £50 a day and we'll backdate it". Never in a million years.

[psychocandy]

Am I the only one to think this might be the agency trying it on?

Example. Client pays agency £500/day for 6 month contract. Contractor gets £450/day. Hes happy works 3 months of the 6.

Agency sends this letter. Oops sorry it should have been £400 per day. Please can we have our money back and it'll be £400 going forward.

Instantly, makes 60 days x £50 = £3000. Then another £3000 in the next three months.

Bait and switch. Entice contractor in with nice high rate then claw it back saying its a mistake.

Personally, unless it was a really obvious mistake (like £2000 a day instead of £200) I'd be saying sorry.....

[Forgotmylogin]

Ah right. So when they under pay you, you dont have any recourse to the money owed? I'll let you continue to believe that one.

Very much doubt the 'concensus' that's built up here. An error is an error and if they can show its an error, it will have to be paid back in full.

If you've signed a contract for £400 per day, they paid £400 per day and they later tell you "Oops that should have been £450 per day but we won't backdate it" then I think most people would accept that they had been paid according to their signed contract.

[BolshieBastard]

Clauses about errors and omissions usually only apply to unimportant issues/spelling errors - that sort of thing. I very much doubt a court would regard a mistake in something as important as the rate of pay to be something that can be retrospectively changed*

I assume what is in the contract was consistent with what was initially agreed verbally?


*Only the government can do that sort of thing. And they do!

Ah right. So when they under pay you, you dont have any recourse to the money owed? I'll let you continue to believe that one.

Very much doubt the 'concensus' that's built up here. An error is an error and if they can show its an error, it will have to be paid back in full.

[mudskipper]

Have you got access to a legal helpline? If so, give them a call.

But agree with the consensus - unless your contract allows for it, tell 'em to poke it.