Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 4:42 pm  

JerryChicken wrote:

But if Agency A (the original agency) has SOLD the contract to Agency B (the new agency) then they surely cannot enforce the 12 month exclusion rule upon you ?

The new terms aren't as generous as you have no get-out before the end of the contract but at the least I'd expect a contract expiry date in there somewhere (or you'll still be there in 50 years time) and you presumably have had 28 days notice of this from Agency A as well ?

Its a brave new world this flexible employment isn't it ?

Expiry date is March 17th 2015!

I've put it to them quite simply, if I have need to leave then I'll just ask my employer to give me notice, more than one way to skin a cat I guess!

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 5:14 pm  

Standee wrote:

Expiry date is March 17th 2015!

I've put it to them quite simply, if I have need to leave then I'll just ask my employer to give me notice, more than one way to skin a cat I guess!

Who pays you - the "client" or the "agency". If the client - are being taxed as employed or self-employed?

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 6:08 pm  

Dally wrote:

Who pays you - the "client" or the "agency". If the client - are being taxed as employed or self-employed?

taxation has nothing to do with it

Re: Contract Law...I'd like your observations : Sat Mar 01, 2014 3:12 pm  

Aren't you in effect being transferred across under TUPE?
If so the terms of your contract should stay the same or you should be given the opportunity to leave.

Also it could be said the contract was unfair and could be torn up in the courts.

Re: Contract Law...I'd like your observations : Sun Mar 02, 2014 7:01 am  

Who pays your salary into your Bank Account?

And your cat skinning ploy has an obvious flaw....asking "The Client" to terminate its contract with the Agency, which they may well be willing to do, will simply invoke the 28 days Notice....

Re: Contract Law...I'd like your observations : Mon Mar 03, 2014 7:11 am  

Big Graeme wrote:

Aren't you in effect being transferred across under TUPE?
If so the terms of your contract should stay the same or you should be given the opportunity to leave.

Also it could be said the contract was unfair and could be torn up in the courts.

That's pretty much my take on it, all I want are the same terms, nothing more, can't see how having another agency in the chain is saving anyone money!

Re: Contract Law...I'd like your observations : Mon Mar 03, 2014 12:16 pm  

If its TUPE, you do not have to accept the transfer and can in effect resign, thus termintaing your contract.

Re: Contract Law...I'd like your observations : Mon Mar 03, 2014 12:41 pm  

Hutchie wrote:

If its TUPE, you do not have to accept the transfer and can in effect resign, thus termintaing your contract.

problem is, I don't want to resign, I want to see the contract out

Re: Contract Law...I'd like your observations : Mon Mar 03, 2014 1:00 pm  

Standee wrote:

problem is, I don't want to resign, I want to see the contract out

Take it or lave it then.

Re: Contract Law...I'd like your observations : Mon Mar 03, 2014 1:21 pm  

Standee wrote:

problem is, I don't want to resign, I want to see the contract out

So your only problem is the fact that they are changing a condition of your contract that you have no intention of enacting ?