day rate changed
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fin racer

Original Poster:

766 posts

257 months

Monday 2nd June 2014
quotequote all
hello,

I suspect I already know the answer to this but I wanted to throw it out there.

I have signed for a temp contract with a large global bank in Belfast, in an infrastructure role.

Its an estimated 9 month role, with possible extension.

The day rate was x, was told it was x and just had the temp contracts girl in London call up and say she made a mistake and the rate is in fact y.
It's a difference of 3K a year, pre-tax. Not worth jumping up and down about, I assume it was a genuine clerical error.
My question is do I have any right to what was promised?
I have said I am happy to accept the day rate of y regardless, as I want the role.

Thanks in advance.

anonymous-user

83 months

Monday 2nd June 2014
quotequote all
They are getting commission for having placed you, I would expect them to be giving up some of that commission to put me on a rate closer to what we agreed.

fin racer

Original Poster:

766 posts

257 months

Monday 2nd June 2014
quotequote all
Bluequay said:
They are getting commission for having placed you, I would expect them to be giving up some of that commission to put me on a rate closer to what we agreed.
noted, thanks

anonymous-user

83 months

Monday 2nd June 2014
quotequote all
In what way was the rate agreed? Exchange of emails? Conversation? Written contract? Plainly you don't want to damage the relationship at the outset by taking a firm or legalistic line on this, but, as noted above, you might have some basis for an amicable negotiation for something nearer the rate initially agreed. I could say something about the law on unilateral mistakes and contracts, but I won't because offering general guidance on legal subjects on PH has been rendered impossible by two tiresome nitpicking wannabe lawyers who frequent the fora.

FredClogs

14,041 posts

190 months

Monday 2nd June 2014
quotequote all
You signed a contract and the agency are trying to lower your rate before you've even started?

I'd call their bluff, maybe even contact the end client to explain why you won't be able to start the job you were really looking forward to.

hornetrider

63,161 posts

234 months

Monday 2nd June 2014
quotequote all
3k sounds like a nice bonus for the recruitment consultant, if they pull this on every contractor. What is that, a tener a day difference? They could absorb that in their commission, they could be pulling anywhere from 10-30% on top out of you.

fin racer

Original Poster:

766 posts

257 months

Monday 2nd June 2014
quotequote all
in conversation with the contact at the temp sourcing partner ( a company whose name ryhmes with faze :-) )
Verbally, told me the day rate was y rather than what she had said previously (via email and by phone). Initially I was told the lower rate, was confirmed as the higher rate and am now told that was incorrect.I obviously wanted to be fair about it, adding if I could get what was promised I would obviously prefer that but was not going to make an issue of it.
I'm not out to hang anyone, just wondering if its prudent to politely ask if there is a little room for manoeuvre at this stage.

Gargamel

16,350 posts

290 months

Monday 2nd June 2014
quotequote all
If you signed a contract at that rate, then I would be very cautious over accepting their word that it is a "mistake"

And certainly not verbally.

I think I would ask them to formally notify you in writing with a new contract, and I would ask them if the client is aware of the error.


FredClogs

14,041 posts

190 months

Monday 2nd June 2014
quotequote all
fin racer said:
in conversation with the contact at the temp sourcing partner ( a company whose name ryhmes with faze :-) )
Verbally, told me the day rate was y rather than what she had said previously (via email and by phone). Initially I was told the lower rate, was confirmed as the higher rate and am now told that was incorrect.I obviously wanted to be fair about it, adding if I could get what was promised I would obviously prefer that but was not going to make an issue of it.
I'm not out to hang anyone, just wondering if its prudent to politely ask if there is a little room for manoeuvre at this stage.
There are good recruiters, temp sourcing partners (whatever) and bad ones - but either way they are acting as agents and as such their job is to sell to both ends and take as much out the middle as they can - fairness should not be a consideration for you, your best interest is all you need to think about, if you want the job and/or need the job then swallow it, if you think you'll pick up something else in a week or two and could spend the time decorating or something then don't.

Du1point8

22,880 posts

221 months

Monday 2nd June 2014
quotequote all
Sounds like some agency just had their rates cut by the bank and instead of sucking it up, you are being told its a clerical error and they have passed the cut directly on to you.

fin racer

Original Poster:

766 posts

257 months

Monday 2nd June 2014
quotequote all
for clarification ( as I am aware that when anyone posts on this forum , you only give the info you want, rather than the whole picture) I am going from a permy role into a temp role. I have already submitted my resignation so am in my notice period currently.

I guess I am not as cynical as I always thought I was :-). I would have passed it off as just a mistake, maybe pushed back a little.
Still, every day really is a school day.

bigandclever

14,347 posts

267 months

Monday 2nd June 2014
quotequote all
fin racer said:
...I am going from a permy role into a temp role. I have already submitted my resignation so am in my notice period currently...
That'll be precisely why they've tried it on and (seemingly) got away with it smile

fin racer

Original Poster:

766 posts

257 months

Monday 2nd June 2014
quotequote all
FredClogs said:
There are good recruiters, temp sourcing partners (whatever) and bad ones - but either way they are acting as agents and as such their job is to sell to both ends and take as much out the middle as they can - fairness should not be a consideration for you, your best interest is all you need to think about, if you want the job and/or need the job then swallow it, if you think you'll pick up something else in a week or two and could spend the time decorating or something then don't.
as mentioned, I was happy with the rate before they verbally mentioned it was in fact y. I shall take it, but having asked for the PH opinion I am now thinking its a little more than just a mistake.

Gargamel

16,350 posts

290 months

Monday 2nd June 2014
quotequote all
fin racer said:
as mentioned, I was happy with the rate before they verbally mentioned it was in fact y. I shall take it, but having asked for the PH opinion I am now thinking its a little more than just a mistake.
It may not necessarily be the body shoppers looking for an extra cut, it could be the client has insisted on a lower figure. Which was why I suggested asking them if the client is aware.

Half of PH will tell you, your relationship is with the agent, and what the client pays is none of your business. Personally speaking as a client, and as a former recruiter, I prefer open book dealings.

On a large banking customer their margin will be around 12.5 %, so ask them why the change and is the client aware?

fin racer

Original Poster:

766 posts

257 months

Tuesday 3rd June 2014
quotequote all
Gargamel said:
It may not necessarily be the body shoppers looking for an extra cut, it could be the client has insisted on a lower figure. Which was why I suggested asking them if the client is aware.

Half of PH will tell you, your relationship is with the agent, and what the client pays is none of your business. Personally speaking as a client, and as a former recruiter, I prefer open book dealings.

On a large banking customer their margin will be around 12.5 %, so ask them why the change and is the client aware?
They have issued me with a new ACL. At the end of the day I did accept on the lower rate before being told (incorrectly) it was the higher.
Lesson learned I guess.

Du1point8

22,880 posts

221 months

Tuesday 3rd June 2014
quotequote all
fin racer said:
Gargamel said:
It may not necessarily be the body shoppers looking for an extra cut, it could be the client has insisted on a lower figure. Which was why I suggested asking them if the client is aware.

Half of PH will tell you, your relationship is with the agent, and what the client pays is none of your business. Personally speaking as a client, and as a former recruiter, I prefer open book dealings.

On a large banking customer their margin will be around 12.5 %, so ask them why the change and is the client aware?
They have issued me with a new ACL. At the end of the day I did accept on the lower rate before being told (incorrectly) it was the higher.
Lesson learned I guess.
You just rolled over rather than negotiated a 50/50 agreement?

I would have called their bluff or suggest that if it was £15 down a day, that I would settle for £7.5 down and they take the hit for making a mistake.

They can then take the extra £7.5 a day out of their percentage they get for you, which is probably 10-20% of your day rate in the first place.

fin racer

Original Poster:

766 posts

257 months

Tuesday 3rd June 2014
quotequote all
Du1point8 said:
You just rolled over rather than negotiated a 50/50 agreement?

I would have called their bluff or suggest that if it was £15 down a day, that I would settle for £7.5 down and they take the hit for making a mistake.

They can then take the extra £7.5 a day out of their percentage they get for you, which is probably 10-20% of your day rate in the first place.
I did ask for some form of compromise but got the line about the same staff on different rates of pay, and if they were to find out, blah blah blah.

Du1point8

22,880 posts

221 months

Tuesday 3rd June 2014
quotequote all
fin racer said:
Du1point8 said:
You just rolled over rather than negotiated a 50/50 agreement?

I would have called their bluff or suggest that if it was £15 down a day, that I would settle for £7.5 down and they take the hit for making a mistake.

They can then take the extra £7.5 a day out of their percentage they get for you, which is probably 10-20% of your day rate in the first place.
I did ask for some form of compromise but got the line about the same staff on different rates of pay, and if they were to find out, blah blah blah.
Which is BS... Who would tell them in the first place? You?

It matters not if you know what they are on and if they know what your on (not illegal, but can cause friction)... its advisable to never ever discuss salaries with anyone... but your day rate is dependant on your negotiation skills, those with better ones than yours just negotiated the 50/50 split... if you now found out you would be upset that they managed it and you rolled over.

Learn from this for next time.

fin racer

Original Poster:

766 posts

257 months

Tuesday 3rd June 2014
quotequote all
Du1point8 said:
Which is BS... Who would tell them in the first place? You?

It matters not if you know what they are on and if they know what your on (not illegal, but can cause friction)... its advisable to never ever discuss salaries with anyone... but your day rate is dependant on your negotiation skills, those with better ones than yours just negotiated the 50/50 split... if you now found out you would be upset that they managed it and you rolled over.

Learn from this for next time.
First time on a temp contract so lesson learned. I suppose the bottom line is that I accepted at the lower rate. Just reviewing the mountain of paperwork that I have had to complete over the past 3 days, the original ACL I was sent was at the higher rate. So I have been shafted, mistake or not.Like I said, I am already in my notice period with current perm employer so my options were limited and I guess they knew that.