Primarily, you will need an agent who can use their client base to find you work, offers good contract terms, is prepared to take time to get to know you and your skills and expertise (so they can sell you effectively), who will pay promptly and who has projects to offer you. Start by looking at agents offering a work opportunity you may be interested in.
Nowadays, a “good” contract is outside IR35 and on true business-to-business terms. A “bad” contract contains clauses that restrict your ability to work for clients or place personal liability on you or your family. Typically, this sort of contract will look more like a contract of employment than a business contract. Try to find out as much as you can about the contract from the agent before you give permission to send your details to the client. Do not let agents put you forward for a role for which you are not suitable. Agents are required to ask your permission before submitting your details to a client.
You could consider having your own company contract and terms and conditions of supply of service drawn up by a legal expert. Some agents are already willing to accept such contracts. Once your company has such a contract it can easily be adapted for direct to client use as well.
Most contracts are still obtained via agents, although increasingly freelancers are relying on the internet or personal contacts to find work. You should have an updated business profile and CV (or consultant profile) to send out. Most agents use email. Agents may want to register your details on their database but, in reality, most contracts are found on one of the freelancing job websites
before the agent ever searches the database.
Once you have selected an agency to represent you then send them your business profile, CV or consultant profile with detailed descriptions of the projects that you have worked on, detailing all of your relevant skills, qualifications and companies that you have worked with. Do whatever you can to make the CV easy to read and be clear on your speciality. It will save you a great deal of
time in sifting through phone calls later. Bear in mind that you will have to make regular calls to these agents to update them with your latest projects and whether or not you are currently looking for a new contract.
Agencies will also need basic details of your business, such as company and VAT registration numbers. Some clients may require references. Once you have found the ideal role and been offered the contract, how much you get paid depends in part on your interview and negotiating technique. Remember, this is a two-way process and is your only opportunity to find out whether you are committing yourself to six months doing work which is not right for you. Make sure you ask all necessary questions to understand the
task you are looking to undertake. This is also your chance to improve your position with the client and the agent. If the client really wants your company’s skills and experience, you can generally get a better deal.
The agent will usually be paid commission as a percentage of your rate, anywhere from 5 per cent to 25 per cent, depending upon industry and sector. So the agent gets paid only if you get work. Some clients have agreements with agencies to supply freelancers on a fixed level of commission. In this case, the agent’s margin is usually non-negotiable, so if you want more money it will need to come from the client. You therefore need to push home your advantage during the initial discussion with the clients. Like all sales meetings, it helps if you have researched the potential client – it will impress if you clearly understand what they do and their market.
Your negotiations with the agent are just as important as those with the client. If the client really wants to hire you, this gives you a stronger hand to take a larger share of the money being paid to the agent.
Contract negotiation is not just about getting more money. You may want to secure a non-IR35 contract, which can reduce your tax and NI liability. You could also consider negotiating the right to work from home, more project control and so on. A rate will often be slightly higher if you accept payment terms of 30 days rather than seven.
If you are nervous about the thought of going for lots of interviews or negotiating, remember that it is just a normal part of freelancing and gets easier with practice. Do not take it personally – you are no longer an employee, so this is a straightforward business-to-business negotiation.
Some agencies have gained a poor reputation among freelancers. This is mostly due to bad service or giving misleading information about a contract. However, they are certainly not all bad, and perform a useful function for many freelancers. When dealing with an agent, remember that fundamentally they are salespeople. They want to “sell” you a contract and to “sell” you to the client. This is how they get their commission. They are businesses, first and foremost, in a competitive world.