Pressure to change
I'm looking to try and apply some pressure to an agent in an attempt to change the wording of a contract.
As stated on a previous query I am having problems with an agency contract and its grossly misguided clauses.
Unfortunately in today's economic climate walking away is not an option, even post IR35 income is better than none, but I want to make a fight of it and try and put some pressure on the agent to change.
As far as I can see, the agent will only change a contract if they feel it is in their best interests to do so. Many have inserted the odd IR35 friendly clause but I believe this was in the main due to an initial fear that any agents not seen to do so may have lost business when the market was buoyant and contractors had some degree of choice.
I see the way forward as putting a case to the agent that they are in potential danger from future claims for employment rights from contractors found IR35 liable due to their contract. If such contractors do not attack the agent then they could very likely go after the end client, and that I don't think the very large, multi-national end client would look too favourably on an agent who has placed them in such a position due to their poorly constructed contracts.
To back up this argument I am hoping you can assist in providing reference I can use. I am thinking of such things as comments made by the judge during the IR35 judicial review where I believe he said that any contractor found to be a disguised employee of the end client for IR35 purposes would have a very good case if they then approached the employment tribunal for employee rights from the client. Also, was there a case recently whereby a cleaner successfully took her agent to court and won employee rights? These are the sort of things I am hoping to find and if I can quote specifics, dates etc then maybe the agent will have second thoughts.
Is the latest news of potential criminal prosecutions for misleading contracts something that could be turned on the agent? Nothing ventured nothing gained so to speak.
I would appreciate any guidance you could provide, the more detailed the better.
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IanL