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Agency contract

(2 Posts)
Ataraxy Fri 01-May-15 11:32:35

I'm really confused.

I've been offered a 4 month contract through an Agency (A). The Agency said I had to use an umbrella company (B) for payment/tax. Fine. Except when the contract has come through to sign I'm working for a company I've never heard of (C). Why is this?

Also, the contract states that I'm not to work with the organisation (or an organisation who is a client/potential client of the agency OR a third party of any of the agency's clients) 4 months after the end of contract unless the organisation pays a 20% of 4 months fee.

My situation is that I'm applying for permanent positions within the NHS. The organisation I would work for does business with the NHS. I really need a permanent job as I'm going through a divorce and need the stability to keep the mortgage. This temporary job will help pay bills until I can get one.

Some other things that may/may not be relevant: 1) if I terminate the contract the clause regarding the 20% fee stands 2) I was intending to opt-in to regulation 32(9), 3) If I turn up to work next week without signing the contract, the contract will come into affect.

I'm worried I will basically screw myself over.

Collaborate Fri 01-May-15 15:55:20

I think you should delete that clause. An employment agency's contract is with the employer, who is responsible for paying their bill. If they have a contractual relationship with the employer they will get paid, irrespective of whether there's a clause in your contract. If they don't, they're not entitled to the fee.

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