Immutable contracts - Agencies that will not allow modifications

[TransitTrucker]

Can anyone tell me whether there is anything I can do about an agency that refuses to alter its contract wording even though clauses are: unbalanced, contradicted elsewhere in the contract, contain poor spelling, contain poor grammar, poor punctuation, unintelligible wording in key places, basically ignores contract law basics (balance, mutability, the notion of equal partnership in the agreement).

The agency are quite willing to spoil a mutually agreeable arrangement with the end-client for the sake of bullying the contractor into shape. It isn't the fault of the recruitment consultant, it is a problem with the agency's compliance and legal team who are quite willing for the agency to lose the contract opportunity.

Can anyone guess the agency?

Has anyone any strong legal advice?

Many thanks.

Merry Christmas.

[cojak]

I'm not sure what strong legal advice you're looking for. You negotiate changes to contracts but if the agency isn't prepared to make any you can't force them - they are inviting you to tender on their terms, and you are not prepared to tender. All you can do is not sign and look for another contract somewhere else.

[malvolio]

I'm not sure what strong legal advice you're looking for. You negotiate changes to contracts but if the agency isn't prepared to make any you can't force them - they are inviting you to tender on their terms, and you are not prepared to tender. All you can do is not sign and look for another contract somewhere else.

Or tell the client you want to work with them but the agency is making it impossbible for you to do so...

[Wanderer]

Can anyone guess the agency?

Nope. Give us a hint. Other people here may have done business with the agency and can advise you on what to do.

Did you have the contract reviewed by one of the usual reviewers like QDOS etc? Do they agree with your contention that the contract is contradictory and poorly drafted?

As malvolio says, tell the agency that you are going to have a talk with the client and tell them that the agency are a shower of tulip and you are having trouble agreeing terms. This will put a rocket up the agency because they won't want you badmouthing them to the client but that's business. Definitely use this as an opening shot to force the agency into reasonable behaviour before you do it though. The implication is that he client will then be less likely to do business with that agency in future.

You could also find out which agencies the client has on it's preferred suppliers list. If you are already registered with one of those agencies then you may be able to get that agency to put you forward for the gig and see what happens. Might cause all manner of tulip to hit the fan but if you are walking away from the gig then it's worth a try.

[northernladuk]

The agency are quite willing to spoil a mutually agreeable arrangement with the end-client for the sake of bullying the contractor into shape. It isn't the fault of the recruitment consultant, it is a problem with the agency's compliance and legal team who are quite willing for the agency to lose the contract opportunity.

They are not willing to spoil it as many contractors will sign up to them without question. If they don't they get someone else that will, no loss to them or the client. It isn't a fault. They have a contract that they have had checked by a lawyer (or believe they have) and they are not willing to change it which could introduce risk as they don't know enough about the changes. Agencies don't tend to have legal teams hence them being inflexible.

I do find it a little hard to believe that one contract can be guilty of all that if they do have the teams you mentioned though......

Exactly what are you wanting changing though? Is it something like notice or is it something IR35 related? One they are more likely to change than the other? WOuld be interesting to see what QDOS says as well.

[northernladuk]

And can I take a guess at Hays? Someone on here have said they won't change theirs and they are not IR35 friendly either.

[TheFaQQer]

Has anyone any strong legal advice?

There is no legal advice to be had here, strong or otherwise.

Your company has been offered a contract. You either accept that contract, or you negotiate. If you can't negotiate, the you either accept or walk.

I'd mention to the client that you would love to work with them, but the agency is offering a contract which is unacceptable. Tell the agency you will tell the client this.

Start looking elsewhere.

[Sausage Surprise]

Is it a Bob type agent? (usual bad grammar)

[cojak]

And take a look at this thread regarding personal guarantees (which you mentioned in your other thread).

http://forums.contractoruk.com/accou...contracts.html

[TransitTrucker]

I'm not sure what strong legal advice you're looking for. You negotiate changes to contracts but if the agency isn't prepared to make any you can't force them - they are inviting you to tender on their terms, and you are not prepared to tender. All you can do is not sign and look for another contract somewhere else.

I realise that the legal situation hence my question. I was looking for other solutions.

When the day comes that all agency contracts are immutable (and unacceptable) your choice is then to leave contracting or risk your house. Your indemnity insurance won't cover you if you accept "additional risk". It will say this in the policy. By signing a contract that say indemnifies the agency against all eventualities, you accept additional risk. You are no longer insured. We seem to be moving steadily towards this situation. Your house, your savings and your future livelihood are put at risk.

In the past, I have been able to convince agencies that it is unreasonable for me to indemnify them against all eventualities but now I am told I will do so or I can walk.