Reply to: Agency Introduces New T&Cs - Unreasonable?

[RichardCranium]

The most common cause of problems is a lack of communication. Do not assume that your silence means you get your own way: they are assuming your silence means you give consent.

You could save yourself a bun fight later and respond.

But it sounds like you would rather just accept the situation.

[Hex]

The addendum requires me to sign it and send back, so unless I sign it, I haven't agreed to it.

I don't think it's as simple as that. By not objecting you will be deemed to have accepted it if you continue to work. You should probably stop working or tell them you do not accept the new conditions.

[TFour]

I think you will need to explicitly tell them you are not agreeing to the new one. If you just stay silent after receiving it you can be deemed to have accepted the changed terms.

The addendum requires me to sign it and send back, so unless I sign it, I haven't agreed to it.

[SueEllen]

I think you will need to explicitly tell them you are not agreeing to the new one. If you just stay silent after receiving it you can be deemed to have accepted the changed terms.

WHS

[Hex]

I think you will need to explicitly tell them you are not agreeing to the new one. If you just stay silent after receiving it you can be deemed to have accepted the changed terms.

[TFour]

I agree. I have a contract till June, they are offering me a new one (by introducing new contract terms and conditions), I don't like the new one, so I'll stay on the old one thanks.

[Ardesco]

Just tell them to feck off and keep working away. The old T&C's automatically stay in effect if you refuse to sign as far as i'm aware (as long as you have evidence you told them to feck orf). Alsod if you have been there for a long period of time it is unlikely they want to damage the constant income stream you provide.

Of course IANAL

[TFour]

Yes, I could pick another agency, but that's another "awkward contractor" move.

I believe they are on about 4.5%, they refused to negotiate their cut down when the client via a new intermediate master agency cut rates by 10%.

[BoredBloke]

Who picked the agency? presumably the end client. Couldn't you simply get another one involved. Do you know what mark up they are charging for their services given that they did rock all to get you the job?

[singhr]

How hard are your balls feeling?

Put a line through all the clauses you are unhappy with. If a replacement clause is required, write / type it in.

Sign it and return it to the agency "Thank you for the draft contract, please find enclosed an edited and acceptable one."

(

I did this a couple of contracts ago and played ping pong with the agency admin department for a couple of months before they lost interest, however latest mob wouldn't entertain it at all so it was take it or leave it.

[TFour]

I've highlighted the main concerns I have with the additional clauses, let's see how hardline they're going to get with it.

It is a joke like, 2.5 years in a gig they didn't find and now they want to apply additional terms and conditions for their free money.

[Paddy]

My current contract was secured via my own business contacts and an third party, an agency, was then appointed to adminster the relationship between clientco and my company's contract.

I have just received a set of additional terms and conditions from the agency under the guise of a set of principles for working at clientco.

Having reviewed these I have any number of concerns:

*It suggest I can be deployed to another assignment by the agency, without mention of agreement from me
*The working of "additional hours" only being done so with the agreement of the agency or my clientco's "line manager". There are no expected hours stipulated in my contract
*The use of the term "line manager" throughout. I am not an employee of clientco, therefore I cannot possibly have a line manager.
*A stipulation that I must not spend an excessive amount of time using clientco's IT systems. How do I manage the projects for the client then - by memo, fax and typed-up report?
*Stipulations that I have to get holidays approved by the agency and/or "line manager"
*Worst of all...while doing work for clientco and for a period of several months afterwards, I am not to work on any similar projects for any competitor of clientco. This would effectively put me on the bench for several months after the end of the contract with no prospect of working on IT projects for any engineering companies.

Am I being overly sensitive or is the above full of IR35 issues and unreasonable terms? I don't see how I can possibly sign it agreeing to all the terms. Sadly I fear there is no negotiation with these type of blanket arrangements.

PM me if you want to change agents.

[RichardCranium]

How hard are your balls feeling?

Put a line through all the clauses you are unhappy with. If a replacement clause is required, write / type it in.

Sign it and return it to the agency "Thank you for the draft contract, please find enclosed an edited and acceptable one."

Send it to them then speak to someone there and say "You accept it as it is and be glad you've got some free money courtesy of me, or I don't start and you get nothing at all."

It might work.

But if they've got any sense, they'll call your bluff and recruit someone to do the work instead of you.

[BolshieBastard]

I am no different except that I am not a permanent employee and if I don't accept these clauses, never mind negotiate compensation for them, the blanket-double-agency agreements could see me terminated replaced by one of many sitting on the bench.

Neither the clients Human Remains department nor their master agency nor "my" agency are in the business of negotating individial sets of terms and conditions with what they will see as "awkward" contractors.

Its really tulip when this happens isnt it. I mean you found the role with the client and the agency were only 'invited' into the relationship to make it 'easier' for the client's HR department.

Instead, the agency who've done **** all here to secure the role now start laying down 'their' terms for you to 'work' you secured in the first place! (Apologies if I've got this wrong.)

It stinks and what would have been a cordial relationship between your co and the client, is now at risk with you probably being made out to be the troublemaker if you kick against some of the T&C's the agent wants to have.

Its a tulip market and having found the role, I dont envy you but, I think your options are to accept the agency's terms and grin and bear it due to market conditions.

Alternatively, you insist with the agent that since they were only invited to the table and didnt find the role for you, you do not accept the relevant T&C's and you want them removed.

You also need to make the client aware that you are prepared to work via the agent but, the agent is trying to impose unreasonable conditions on your relationship with them (the client). If you get no positive response from the agent and client, then, you have to take the difficult decision to walk away.

As I see it, these are the only two options available to you.

[TFour]

My point was, that you seem to have accepted that these clauses are allowable, but were unhappy with the content, rather than whether they have any place in this contract at all. My second point was that if they don't want you to work, then they will have to pay you not to work, and that should be the subject of another contract. It is common practice for senior management and executive directors to go on gardening leave for six months or so before they start a new job and the OP is no different.

I am no different except that I am not a permanent employee and if I don't accept these clauses, never mind negotiate compensation for them, the blanket-double-agency agreements could see me terminated replaced by one of many sitting on the bench.

Neither the clients Human Remains department nor their master agency nor "my" agency are in the business of negotating individial sets of terms and conditions with what they will see as "awkward" contractors.