agency wants to be consulting company and my company the supplier

[captainjon]

Hi

just got a contract through, and the agency who did the arrangement want to be the consulting company hired to the end client who will use my company as a supplier to them.
Sounds pretty dodgy as a way to avoid agency regulations. Anyone else had to deal with something like this? I'm tempted to tell them to jump.

thanks

[northernladuk]

Not uncommon. Hyphen used to do it for Barclays many moons ago. Many of the agencies have concultancy arms but must admit only ever seen one actually supplying services.

They see the opportunities at the client and are just trying to have their cake and eat it.

That said its going to be more common with the Public Sector isn't it?

Is it public sector or private sector?
What type of contract is it? Normal B2B contracting one, FTC, employment?

[northernladuk]

Here is a thread about it.
https://forums.contractoruk.com/showthread.php?t=86182

[captainjon]

Not uncommon. Hyphen used to do it for Barclays many moons ago. Many of the agencies have concultancy arms but must admit only ever seen one actually supplying services.

They see the opportunities at the client and are just trying to have their cake and eat it.

That said its going to be more common with the Public Sector isn't it?

Is it public sector or private sector?
What type of contract is it? Normal B2B contracting one, FTC, employment?

Its a private sector banking client, normal b2b. I'll ask them to change it.

[northernladuk]

Its a private sector banking client, normal b2b. I'll ask them to change it.

Erm... Change what?

[TonyF]

If they are getting round the agency regulations, then renegotiate the contract and include everything that you want from the regulations in the contract.

[captainjon]

If they are getting round the agency regulations, then renegotiate the contract and include everything that you want from the regulations in the contract.

thanks Tony, ive asked them to make the relationship an agency one, or to add in some provisions of the act.

[northernladuk]

If they are getting round the agency regulations, then renegotiate the contract and include everything that you want from the regulations in the contract.

But they aren't. They are just running a different business model than putting bums on seats one at a time.

[captainjon]

But they aren't. They are just running a different business model than putting bums on seats one at a time.

The agencies act wouldn't cover the contract as an employment business, as defined by the act, isn't mentioned.

[SueEllen]

The agencies act wouldn't cover the contract as an employment business, as defined by the act, isn't mentioned.

Lots of agencies force you to opt-out of the agency regulations anyway, so it is up to you to negotiate to put all the clauses you want back in the contract (and more). If you do you may actually have a better legal standing as it is then very clear what is in the contract.