Giant

[Austin Wong]

Hello very body....errr...first time poster...errr

Does anyone know if it costs anything to pull out of using Giant as your service provider?

I am thinking of changing to go Ltd.

Thanks


Austin Wong
(International Man of Mystery)
YeAh bAbY!!

[igraham73]

Hi

I've left Giant in the last month and it doesn't cost you a penny to leave only thing to remember is to print off all your paperwork from their web portal.
Things like wage slips and dividend letters.
Bear in mind going down the ltd route is taking quite a while to setup at the moment.

[Orangutan]

Totally agree doesn't cost anything, but may take longer to set up ltd than you expect (VAT Reg & Co Bank account in particular)

But do it, get out of Giant !

[rockgeek]

Giant

I used to be with Prosperity 4 in the days I was contracting.... eurgh!

Anyway, my soon to be mother-in-law (not that she knows) is going to be starting a contracted position with my employer soon and I was wondering what the best company would be to go with?

I have heard more than enough horror stories about Giant and Prosperity 4.... anyone else got any ideas?

Many thanks in advance.

[Austin Wong]

Well I have been reading through my contract with Giant which I so foolishly did not read but took the welcome team word at face value.

I did not understand how to sign up on the web so they walked me through it not giving me anytime to read it (my own fault), but I had to use a work colleagues pc during his lunch break so had little time. I cannot believe I am such a fool. Never too old to learn.

Anyhow it says in the contract that I need to give one months notice and also am not able to work with my current client for 12 months without Giants written approval.

I need to look at going Ltd because the facts about going PAYE was in hindsight not well explained, the budget we did for our costs were wrong and the income I expected on PAYE is lower than expected. Mainly because I now know after the fact of how expenses claims work in the uk.

Net result is I am going backwards financially. I can't even afford to buy a cup of coffee or have a beer in the pub with the lads.

So, how many out there needed to give a months notice and also have not been able to continue working with the same client. Or is Giant quite reasonable on this?

Hmm.. a bit of a mess.

[oraclesmith]

If you didn't opt out of the EB regs, then the 12 month tie-in doesn't apply. In my opinion.

[Cowboy Bob]

Anyhow it says in the contract that I need to give one months notice and also am not able to work with my current client for 12 months without Giants written approval.

I need to look at going Ltd because the facts about going PAYE was in hindsight not well explained, the budget we did for our costs were wrong and the income I expected on PAYE is lower than expected. Mainly because I now know after the fact of how expenses claims work in the uk.

They can't touch you on this if you go Ltd. With your current contract with Giant it is you personally that this clause applies to. If you go Ltd, it will be your company that has a contract with the client, not you - just make sure the contract doesn't mention your name, only your company.

[Austin Wong]

They tie you in pretty good. I got the contract yesterday.

It says that I cannot work with the client directly or indiretly or through any one whether as an employee, director, principal, agent , consultant for 12 months after I bail out.

But the crux is that they are not the bad guys. I should have read the contract or been more assertive to read it and make the person helping me wait till I did. But I signed it anyhow.

I am not saying Giant won't let me off I am just wondering how hard it is.

They surely would not make it too tough as they would be in disrepute and an undesirable organisation to be with. I am only checking things out because I am looking at going Ltd and need a smooth transition.

I reckon they cannot be too dissimilar to other umbrellas.

There contract has probably been written the way it has to make it explicit to HMRC they are operating as a PAYE company.

Also, to clarify my position that I think that maybe I could have asked a few more questions to get a better idea of the service provided. My client service manager at Giant has been doing a reasonable job so I am happy there. It is just my finacial position that is tough.

Oh well, hopefully I can sort things out smoothly.

[Cowboy Bob]

It says that I cannot work with the client directly or indiretly or through any one whether as an employee, director, principal, agent , consultant for 12 months after I bail out.

This is unenforceable. Say you went out tomorrow and got a permanent job with IBM and they sent you as a consultant to your current client, do you really think that Giant could stop IBM sending you there? Of course not. A lot of the time these things are put into contracts as scare tactics that have no legal grounding. Search the web for information on "restraint of trade", which is definitely what this clause comes under.

[Jason D]

This is enforceable. It is a restraint of trade but providing that the duration is not excessive (and 12 months isn't), the geographical spread wasn't too wide, and that the restraint was/is neccesary to protect the business then it is legal and enforceable. Whether or not they will is open to debate but they can if they want to and often these clauses are enforced as a deterrent to others.