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!