Variation to contract

[thunderlizard]

as has been suggested earlier - the best starting point for making this work out in your favour is to have a quiet word with the client, asking them what is going on from their point of view.

[northernladuk]

Sorry - I edited my post, so your quote doesn't match. I think it better to demand proof from the agency.

I'd ban him for quoting the original one if I was you.. Just saying like

[NotAllThere]

This. If agency has got an uplift then tell them to do one. Chances are client will be on your side here because they know they're paying more and won't be happy that this is being siphoned off by the agency.

Sorry - I edited my post, so your quote doesn't match. I think it better to demand proof from the agency.

[psychocandy]

Won't work. You can't ditch someone for poor performance and then rehire them. Even the sleepiest judge might spot that the termination was groundless.

There are a few routes open to the OP
1. Sign the variation
2. Demand the extra for the period between uplift and the variation then accept the variation
3. Demand the extra for the period between uplift and some kind of notice period.
4. Tell the agency to whistle for it - may result in termination, depends on whether the agent will upset the client or not by doing this
5. If pally with the client, ask if the agency has got an uplift on rate, and then use that information to use option 4.

It's hard to see how this is a genuine error - I certainly can't see any grounds to suspect that it was. Personally, so long as I was happy with the original rate, I'd go for option 2. If I think I deserve the uplift, I'd go for 4.

This. If agency has got an uplift then tell them to do one. Chances are client will be on your side here because they know they're paying more and won't be happy that this is being siphoned off by the agency.

[psychocandy]

Nope I would presume the client said words that agents take as "Yes". Then when the agent finally got the formal reply the client said "Not a chance".

There are clients who muck people around you know.

Either way I wouldn't trust both agent and the client until proven otherwise.

Still can't see the agent offering the extra to contractor for no reason. IF they had secured a higher rate they'd have said nothing to contractor and pocketed it.

[NotAllThere]

They say fine, terminate you on the spot for poor performance without stating why and the new shiney contract will appear in your inbox seconds later ...

Won't work. You can't ditch someone for poor performance and then rehire them. Even the sleepiest judge might spot that the termination was groundless.

It's hard to see how this is a genuine error - I certainly can't see any grounds to suspect that it was. Tell the agency that if they can give you confirmation from the client that the agency has had no uplift in their fees, then you'll agree to the change - otherwise whistle for it.

[psychocandy]

Well that'll be a first - agent offering more money without even asking. Surely something fishy going on here.....

One theory - someone at agency has managed to up rate they charge clients. But then someone stupid at agency has passed on the increase to the contractor for some reason, and now they've realised they didnt want to do this at all!

[SueEllen]

They say fine, terminate you on the spot for poor performance without stating why and the new shiney contract will appear in your inbox seconds later

Depends on whether the OP:
a. Got their initial contract reviewed before signing it, and,
b. Ensured it didn't have such clauses

Reading through it I did think WTF is going on there as soon as unread the agent were increasing for no reason. Would have had my alarm bells going like the clappers in your position.

Nope I would presume the client said words that agents take as "Yes". Then when the agent finally got the formal reply the client said "Not a chance".

There are clients who muck people around you know.

Either way I wouldn't trust both agent and the client until proven otherwise.

[northernladuk]

They say fine, terminate you on the spot for poor performance without stating why and the new shiney contract will appear in your inbox seconds later

Reading through it I did think WTF is going on there as soon as unread the agent were increasing for no reason. Would have had my alarm bells going like the clappers in your position.

In all of my years contracting this has not happened to me before.

I think many of us would agree with this and that's just the agent giving money away for nothing....

You should consider IPSE+ membership as well. They have contract helplines for members in case the agency do try anything untoward. There are also many other benefits associated with the membership as well that is worth considering.

You don't mention if you have your contract checked but it would be a good idea to have the initial one checked by the likes of QDOS who check the IR35 and legal aspects of it for you. Website is here. If the contract is the same as the last one there is obviously no need to have it checked but make sure there is a detailed schedule with each renewal and it accurately reflects what you do. No job titles and generic tasks. A detailed set of deliverables within that contract's timescales.

HTH

[LondonManc]

Agree with FP. Email them and say that as per contract, you expect them to honour the increased rate, but that you are willing accept the move back to the original rate as part of a new contract upon termination of the most recent one.

[FarmerPalmer]

You have a legally binding contract, signed by both parties, and started work on that contract in good faith.
If the agent, as one party to the contract, wants to terminate that contract then they need to provide notice as per the contract.
And you can then start and sign a new contract, at a lower rate, on termination of the existing contract if you want.
But if they have signed then it's legally binding.
Do you think they would accept you saying 2 days into a contract, that no I got it wrong, I wanted a higher rate, and not make you work the contract notice.

[Tippy]

Hello I would like some advice on the following scenario: the agency I am contracting through currently sent me a renewal contract with a covering letter to say please note there has been an increase in your day rate with affect from renewal date. Naturally I was pleased about this especially as the client was going through some organisational changes - so I just thought it was related to this. I signed contract the day before renewal start and received a countersigned copy back from the agency. A few days into new contract I received an email from the agency saying an error had been made and there was no increase in the day rate and they had made a mistake and could I sign the contract variation - I am annoyed about this as I feel they should honour the contract originally. What can I do. In all of my years contracting this has not happened to me before.