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Substitution Clause
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Originally posted by meanttobeworking View PostThe annoying thing is, they're actually ok with the concept of using a sub, it's more just the wording of the clause puts them a little more in control of it than ideal.Rhyddid i lofnod psychocandy!!!!Comment
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Originally posted by psychocandy View Postwhich is more than most clients who allow a proper sub clause but would run a mile if you ever asked them to invoke it.Comment
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Originally posted by TheCyclingProgrammer View PostYou only need to pass one of the big three tests so I wouldn't worry too much about the RoS clause. IMO relying on RoS clauses over and above everything else is a mistake - its easy to get one in your contract and your client to agree to it, even if reasonably unfettered, but hard to say if they'd ever go for a substitute in many cases.
If the rest of your contract is fine and you're confident when it comes to MOO and D&C then don't worry about it.Originally posted by northernladuk View PostWeak doesn't also mean it's a complete fail. I am guessing the client can refuse the sub without reason. Either way, what Top says and get IPSE+ and even TLC35 from QDOS if you Warwick worried.This default font is sooooooooooooo boring and so are short usernamesComment
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Originally posted by MPwannadecentincome View PostThat is not the QDOS view, I had a complete fail only due to RoS not being strong enough.Comment
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Originally posted by MPwannadecentincome View PostThat is not the QDOS view, I had a complete fail only due to RoS not being strong enough.Comment
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Originally posted by MPwannadecentincome View PostThat is not the QDOS view, I had a complete fail only due to RoS not being strong enough.
If every worker on-site has to have some form of background check then the RoS cannot be unfettered. As if the worker fails that background check then they won't be allowed on-site.
Another reason to not to allow an unfettered right of substitution is if the worker you choose is an ex-worker removed for gross misconduct, which you don't know about, they aren't going to let them on-site.
The problem with quick reviews is the reviewer may not bother to look at early clauses which state that everyone needs a certain type of background check."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by jamesbrown View PostIt's just a calibrated opinion, based on limited information. Remember, you only need to demonstrate one of RoS, lack of MoO and lack of D&C convincingly (although failing on D&C is bad). Not all individual reviewers and companies are calibrated the same, and not all reviews are based on the same level of information. A fettered RoS isn't ideal, of course. You've probably opted for the quick/cheap QDOS review. You might have a different answer from another reviewer, and even a consistent one across reviewers on the basis of a detailed review that includes the working practices.
Originally posted by TheCyclingProgrammer View PostCase law doesn't support that view and if anything, SD&C is likely to prove more crucial going forward.This default font is sooooooooooooo boring and so are short usernamesComment
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You do know you will need to train your sub up at your expense unless you can find someone who worked/contracted there before quite recently?Last edited by SueEllen; 11 December 2015, 06:30."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by MPwannadecentincome View PostI am doing the working practises now, no issues with MOO or SDC - have to ask the client if they would accept a substitute if the situation arises - which I think it will actually as there are a couple of critical days whilst I am on holiday - there isn't much else I can do on RoS other than go through the process of getting a substitute.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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