Contract Law...I'd like your observations : Thu Feb 27, 2014 7:13 pm  

I've recently been working on a contract and the terms stated a 28 day notice period on behalf of both parties, I have now been advised that my contract has been "transferred" (ie:sold) to another agency (spits on floor), said agency (spits on floor again, having drawn up a bit of phlegm) say that the client (ie:who I really work for) must give me 28 days written notice of any decision to terminate my contract, same said agency (spits on floor again (with more phlegm), and kicks metaphorical dog) say I have no notice clause and MUST work to the end date of the contract, or pay up remaining days at my day rate should I decide to move on. Now, regardless of wether this is moral or right, does anyone have any inkling as to it's legality, to my mind it's unenforceable. The client has said they would never hold me to it, but I think, if I sign said paperwork, I could be held to it by the third party agency (spits on floor,(you guessed it, more phlegm) kicks metaphorical dog and urinates on copy of said contract)

thoughts appreciated (unless your Dally, in which case the word "thoughts, would imply you are a salient being, and not just a bored, lonely troll)

Re: Contract Law...I'd like your observations : Thu Feb 27, 2014 7:33 pm  

Take legal advice if you are concerned. You can afford it.

Re: Contract Law...I'd like your observations : Thu Feb 27, 2014 7:55 pm  

I don't think you meant "salient."

Re: Contract Law...I'd like your observations : Thu Feb 27, 2014 8:29 pm  

Standee wrote:

I've recently been working on a contract and the terms stated a 28 day notice period on behalf of both parties, I have now been advised that my contract has been "transferred" (ie:sold) to another agency (spits on floor), said agency (spits on floor again, having drawn up a bit of phlegm) say that the client (ie:who I really work for) must give me 28 days written notice of any decision to terminate my contract, same said agency (spits on floor again (with more phlegm), and kicks metaphorical dog) say I have no notice clause and MUST work to the end date of the contract, or pay up remaining days at my day rate should I decide to move on. Now, regardless of wether this is moral or right, does anyone have any inkling as to it's legality, to my mind it's unenforceable. The client has said they would never hold me to it, but I think, if I sign said paperwork, I could be held to it by the third party agency (spits on floor,(you guessed it, more phlegm) kicks metaphorical dog and urinates on copy of said contract)

thoughts appreciated (unless your Dally, in which case the word "thoughts, would imply you are a salient being, and not just a bored, lonely troll)

Sorry but not quite following this - you are working for an agency for a third party and with that agency you have a 28 day notice. They have now sold the contract to another agency and they state that the client can give you 28 days notice but that you must work to the end of the contract with no get-out clause ?

First and most pertinent point, are you happy to see out the contract, do you want to leave now and how long does the contract have to run - I'm all for making life as simple and as care-free as possible so if you're just getting wound up over a notice period that you have no intention of invoking then why worry ?

To put it another way, I have no contract of employment at all with my employer and have not had one for five years since we liquidated my company and absorbed me into their payroll, they THINK that I have a contract but its in my old company name which is now defunct and they never re-issued anything to say that I worked for their company - I like it that way, its my little secret that I could, in theory, walk out of there tomorrow or commit all sorts of indiscretions that a contract might prohibit, call it 24 years of being self employed if you like but I like to be different - having said that I have no intention of doing anything of the sort so to me its all irrelevant.

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 7:23 am  

Standee wrote:

I've recently been working on a contract and the terms stated a 28 day notice period on behalf of both parties, I have now been advised that my contract has been "transferred" (ie:sold) to another agency (spits on floor), said agency (spits on floor again, having drawn up a bit of phlegm) say that the client (ie:who I really work for) must give me 28 days written notice of any decision to terminate my contract, same said agency (spits on floor again (with more phlegm), and kicks metaphorical dog) say I have no notice clause and MUST work to the end date of the contract, or pay up remaining days at my day rate should I decide to move on. Now, regardless of wether this is moral or right, does anyone have any inkling as to it's legality, to my mind it's unenforceable. The client has said they would never hold me to it, but I think, if I sign said paperwork, I could be held to it by the third party agency (spits on floor,(you guessed it, more phlegm) kicks metaphorical dog and urinates on copy of said contract)

thoughts appreciated (unless your Dally, in which case the word "thoughts, would imply you are a salient being, and not just a bored, lonely troll)

There is a clue here..."but I think, if I sign said paperwork, I could be held to it by the third party agency"

I dont see what your problem is. Presumably you understood the conditions of the contract when you originally signed it? It appears perfectly straightforward, in that both sides have a 28 day termination clause. You would expect that the Client who pays the Agency for your expertise, to honour it, by paying them/you to the end of that 28 day limit, so why do you think you can flounce off to pastures greener without keeping to your end of the bargain, and not incur financial penalties?

Citizens Advice should be your next port of call.

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 9:58 am  

Tories and fair employment/contract law= oxymoron.

Always remember they always want less regulation for business and to screw "employees" anyway they want.

Zero hours anyone?

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 1:32 pm  

rumpelstiltskin wrote:

There is a clue here..."but I think, if I sign said paperwork, I could be held to it by the third party agency"

I dont see what your problem is. Presumably you understood the conditions of the contract when you originally signed it? It appears perfectly straightforward, in that both sides have a 28 day termination clause. You would expect that the Client who pays the Agency for your expertise, to honour it, by paying them/you to the end of that 28 day limit, so why do you think you can flounce off to pastures greener without keeping to your end of the bargain, and not incur financial penalties?

Citizens Advice should be your next port of call.

I don't believe that's what he's saying. He can be terminated on 28 days notice but he can't terminate at all seems to be what he's said - so, if it were a 6 month contact, he's have to work the 6 months come what may or else pay the balance of unworked time (which could be rather more than 6 months).

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 3:13 pm  

Dally wrote:

I don't believe that's what he's saying. He can be terminated on 28 days notice but he can't terminate at all seems to be what he's said - so, if it were a 6 month contact, he's have to work the 6 months come what may or else pay the balance of unworked time (which could be rather more than 6 months).

Ah right, I thought he was simply wittering on in traditonal Saddened fashion. Yes, the way I see it, as far as the Client is concerned, they have a Contract with the original Agency for them to provide staff at an agreed hourly rate for the duration, with the option of a 28 day cancellation Notice. Provided all the relevant legal niceties are covered, Training, safety equipment etc, what the terms and conditions, this or any other Agency then employs those on its books, to fulfill that Contract is broadly of no interest to them. Most responsible firms ensure that any Agency used know what is the required standard is....meet it, or you will be removed from the Preferred list.

That the second Agency has different conditions from the first is a matter for discussion between the OP and the new Agency. Either sign up to their terms, negogiate better ones, perhaps ask the Client to put in a word, or vote with your feet, and sign on with another Agency.

Life's too short.

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 3:49 pm  

rumpelstiltskin wrote:

Ah right, I thought he was simply wittering on in traditonal Saddened fashion. Yes, the way I see it, as far as the Client is concerned, they have a Contract with the original Agency for them to provide staff at an agreed hourly rate for the duration, with the option of a 28 day cancellation Notice. Provided all the relevant legal niceties are covered, Training, safety equipment etc, what the terms and conditions, this or any other Agency then employs those on its books, to fulfill that Contract is broadly of no interest to them. Most responsible firms ensure that any Agency used know what is the required standard is....meet it, or you will be removed from the Preferred list.

That the second Agency has different conditions from the first is a matter for discussion between the OP and the new Agency. Either sign up to their terms, negogiate better ones, perhaps ask the Client to put in a word, or vote with your feet, and sign on with another Agency.

Life's too short.

You can't even read my name correctly, which kind of invalidates the rest of your rambling.

The contract has over a year to run, I have no intention at this time of leaving, I can't just sign up with another agency as there is an exclusivity clause in my contract that states I cannot work for the client for 12 months after my contract ends (be that direct or via another agency), it is actually a new contract they want me to sign as opposed to a transfer of engagement. I also don't envisage leaving within the next 4 months as I have a tenancy agreement for the house I am in. It's more about how the contract favours the agency but doesn't provide me with any flexibility should my circumstances change. I am currently waiting for a reply from the agency. This isn't me just ranting, and asking CAB would be the equivalent of rining an elderly relative who last worked in the 80's.

Re: Contract Law...I'd like your observations : Fri Feb 28, 2014 4:35 pm  

Standee wrote:

You can't even read my name correctly, which kind of invalidates the rest of your rambling.

The contract has over a year to run, I have no intention at this time of leaving, I can't just sign up with another agency as there is an exclusivity clause in my contract that states I cannot work for the client for 12 months after my contract ends (be that direct or via another agency), it is actually a new contract they want me to sign as opposed to a transfer of engagement. I also don't envisage leaving within the next 4 months as I have a tenancy agreement for the house I am in. It's more about how the contract favours the agency but doesn't provide me with any flexibility should my circumstances change. I am currently waiting for a reply from the agency. This isn't me just ranting, and asking CAB would be the equivalent of rining an elderly relative who last worked in the 80's.

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 ?