thanks to you all for the info. I knew the company and about the vacancy before the agency contacted me. Not sure why the client didn't come direct to me - but they didn't sadly. I guess they will have signed the contact which I assume will restrict their ability to deal with me directly as you say. I already had them remove a clause that restricts my dealing with the company after the contract is over - again something that they are not really allowed to do but most agencies have it in the t&cs. The worry is not that they wouldn't pay for work done - this is illegal, but that they can terminate the contract without any notice period and without any reason - leaving me suddenly with no income. whereas I have to give notice to terminate and if I fail to work the notice period I am liable for all the agencies' loses (lost income from the client). We have suggested that they amend the clause to say that the client (and they) can terminate without any notice period only if the work is unsatisfactory and reasonable evidence must be provided as to why the work to below the required standard. I am happy to be held responsible for working my notice as long as they have to play by the same rules. Seems like a fair deal to me. Also happy to be held to provide satisfactory work but there should be a reasonable requirement on the client to provide some proof of why the work is not acceptable before they just turf me out. Currently the terms state that the client can terminate without any reason and give me no notice. Also they can terminate immediately if they deem the work to be unsatisfactory and give no proof or reason as to why it is such. Basically they can end the contract without any notice period, give no reason and owe me nothing -- whereas I cannot. I just want a deal that puts both parties on an equal footing in terms of a reasonable notice period. Guess if they wont budge I have to take the work and suck it up or pass up the contract. Guess that's contracting!

Hello everyone, I wonder if anyone has any advice. I have been offered a contract with a client via an agency. The agency terms and conditions are very heavily weighted in their direction. The specific term that I wish to have removed is that they or the client can cancel the contract without any notice and not owe me any money. The client can cancel without any notice period and the agency will not owe me any money. The client can claim my work is not suitable and cancel without any notice and give no evidence as to why the work is unsatisfactory. I am a Ltd business but it's just me and my hubby who does the admin and I do the work. I am going to ask for these clauses to be removed but have already been advised that these are their standard terms and if we don't accept them I cant have the work. My argument is that they are forcing us to agree to the terms under duress - ie: agree or loose out on the work. No other agency is currently recruiting for the job so I cant go to someone else to get the contract. the terms are heavily and unfairly weighted in their favour. I have to give notice and if I don't work the notice I am liable for all their loses They are an established million pound company and we are two man band. This is the standard terms and we cant afford to get every contract reviewed by a lawyer. I have suggested to my hubby that we ask for the relevant clauses to be removed and if they refuse write an email to say we are signing to accept the terms and conditions but only under duress and if any dispute occurs we will use the unfair terms act of 1977 to claim that they forced us to agree to an unfair contract. would that be OK? also if they say we cant have the contract if we do not sign without that caveat can we go to the client directly and ask them to agree the contract between us directly and cut out the agency altogether? any advice very much appreciated.