*False* Advertising: What can I do? Anyone help?

[pauly]

Hi -

A quick posting.

Welcome your views...

I responded to an IT contract website advert.

The ad had an outline of the client company as well as a stipulated rate of 400 per day.

After contacting the agency and sending in a CV I got a word job spec document emailed back.

The name of the client, the role and the rate was confirmed of 400 per day on the document.

An interview date was being set up.

After the interview, the client came back to the agent and gave a thumbs up.

I was offered the role and got a contract sent through by the agent.

In the contract - the rate was 325! They had taken 75 pound off the advertised rate per day(!) - indicating budget cuts by the client.

I feel I have been *baited and switched*. They are possibly pocketing the difference.

I have tried contacting low level HR staff of the client company indirectly - but have been asked to work out contract details with the agency directly. The client still wishes to engage with the contract.


My Approach

I want the agency to open the books on this contract.

I want to review the terms of business to ensure that they are not pocketing the difference.

If they do not:

1) Can I threatened any legal implications of false advertising if they do not comply? I can show that I turned other roles down due to this higher rated role and therefore have a claim for losses due to false advertising

2) Can I threaten writing to the CEO and HR Director of the *client* company with evidence of the predatary recuritment practices. They want to get close to the client company and may blow it for them.

3) They are a memeber of the REC. I can threaten to contact the REC and ensure that they expelled due to misleading advertising - although I am unsure how effective this trade body is?

What would you do?

Welcome approaches and ideas as well as where you think I stand legally.


Thanks.

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[Cowboy Bob]

Hi -

A quick posting.

Welcome your views...

<snip a boat load of whinging>

Thanks.

.

Stop thinking like a permie. You're either happy with the rate, in which case you sign the contract and turn up to the client site. Or, you don't like the rate, don't sign the contract and go look for something else.

[chef]

Stop thinking like a permie. You're either happy with the rate, in which case you sign the contract and turn up to the client site. Or, you don't like the rate, don't sign the contract and go look for something else.

WHS, this happens a lot, quite simply tell them it was 400 that made you interested in the work and you cant see yourself lowering the rate down to 325, ball's in their court.. wait and see, carry on looking

[cojak]

Don't sign the contract, don't turn up on site

Do tell the agent and the client immediately why you do not agree to the new T&Cs

Then find another contract.

Be a contractor, for God sake.

Permies run to the law, contractors accept the risk.

Or reconsider Permiedom if you think the risk is too high for you....

[TykeMerc]

What they said.

You can negotiate and reach an agreement or you can walk away from the contract.

[pmeswani]

Hi -

A quick posting.

Welcome your views...

I responded to an IT contract website advert.

The ad had an outline of the client company as well as a stipulated rate of 400 per day.

After contacting the agency and sending in a CV I got a word job spec document emailed back.

The name of the client, the role and the rate was confirmed of 400 per day on the document.

An interview date was being set up.

After the interview, the client came back to the agent and gave a thumbs up.

I was offered the role and got a contract sent through by the agent.

In the contract - the rate was 325! They had taken 75 pound off the advertised rate per day(!) - indicating budget cuts by the client.

I feel I have been *baited and switched*. They are possibly pocketing the difference.

I have tried contacting low level HR staff of the client company indirectly - but have been asked to work out contract details with the agency directly. The client still wishes to engage with the contract.


My Approach

I want the agency to open the books on this contract.

I want to review the terms of business to ensure that they are not pocketing the difference.

If they do not:

1) Can I threatened any legal implications of false advertising if they do not comply? I can show that I turned other roles down due to this higher rated role and therefore have a claim for losses due to false advertising

2) Can I threaten writing to the CEO and HR Director of the *client* company with evidence of the predatary recuritment practices. They want to get close to the client company and may blow it for them.

3) They are a memeber of the REC. I can threaten to contact the REC and ensure that they expelled due to misleading advertising - although I am unsure how effective this trade body is?

What would you do?

Welcome approaches and ideas as well as where you think I stand legally.


Thanks.

.

Bargepole != touch (or Bargepole <> touch). If you are not happy with the rate, don't take it. If you are happy, take it. How desparate are you to take the role? Only you know the answer to that. Nothing is agreed until the contract has been signed, sealed and delivered.

[NotAllThere]

Read this thread: http://forums.contractoruk.com/busin...ed-please.html

Now. If you tell them "£400 or I don't sign". And they say "OK" (probably after whingeing and moaning and lying and threatening), then you've lost nothing.

If you can't come to an agreement, forget legal action - it's be expensive and you won't gain. It's part of contracting. Name and shame the agency here, write to REC expressing your disatisfaction, write to the client explaining that the reason you can't take the contract is because the agency, Scumbags-R-Us, misrepresented the rate, and move on

[downsouth]

why should we have to take it on the chin as we are only contractors

Everything says its 400 notes a day bar the contract.

Question to put would be would you of gone for the role if it was advertised at £325pd, prob not i suggest

Why should agencies be allowed to take the pi$$ and go back on agreements

[NotAllThere]

Unless you sign it, thereis no agreement. It's just like gazumping on a house purchase.

[pauly]

Thanks Chaps/Chapettes - welcome responses..

Thanks for the feedback.

Have managed to have a chat with the owner of the agency. What a twit he is.

I understand how the rest of the company is so screwed up now.

They did say in the advert "Up to 400" - so I guess their butts are covered.

We are in a holding pattern at the moment as the client is on holiday at the moment.

Other problems now...

There are so many "restrictive convents" in the contract... can't work with the client company for 1 year without going through them - and have to pay them 12 weeks of contracting rates if this is breached, no notice period for me, can't leave - but they can fire the contractor if they are not happy...blah..blah.... all set up to benefit them.

Basically... I want to ensure my payment terms/terminations/rates etc... are reflective of the client terms they signed with the client. And, in the event of an extension, I don't work with them unless i want to.

Have asked for transparency with the clients contract to ensure it dovetails - and got told "no, not giving it to you" by the agent.

Pah, the arrogance of them.

Now they are asking for references everyday. Clearly either trying to extract contacts - or want to canvas a negative reference so they can go back to the client and say that I am a duff candidate - a better excuse then saying i won't sign due to them fudging the rates.

Questions:
----------

* Wonder what the average restriction clause period is, to prevent a contractor working with the client after a contract has ended - 1 year, 6 months? or less??

* Also, what is a reasonable agency rate nowadays? 20% - 25% - or less?


Insights always welcome.


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