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New public sector contract - worrying points

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    New public sector contract - worrying points

    So I got a new contract for a role I'm rather looking forward to. Then came the paperwork.

    First they want an employee occupational health form filled out, with access to GP's and some pretty personal q's. I'm hearty and hale but not an employee so...

    Onto the contract itself.
    1. They can give four weeks notice to terminate. My co can't give notice. Plus they'll sue if it ends early
    2. They want me to get permission to take days off and to call in before 10am for a sick day
    3. There are clauses to allow them full access to all of my electronic communication (this is not SC cleared) on all my devices
    4. There is a post-termination 6-month supply clause to the agency
    5. Can't find "own equipment" clause
    6. Does have substitution clause.
    7. Want to have access to all my finances including NI (as it's under 6 months This shouldn't be necessary at all)

    My gut says tell em to eff off. I've sent to QDOS for review. But I do not personally fancy being tied into 6 months of employeeship. I bank on controlling my own hours, directing my own life and basically take all the risk and work of running two companies so that I can have those freedoms.

    Has anyone else been given a contract like this before?
    Last edited by luimneach2005; 10 September 2014, 21:33.

    #2
    ...

    Originally posted by luimneach2005 View Post
    So I got a new contract for a role I'm rather looking forward to. Then came the paperwork.

    First they want an employee occupational health form filled out, with access to GP's and some pretty personal q's. I'm hearty and hale but not an employee so...

    Onto the contract itself.
    1. They can give four weeks notice to terminate. My co can't give notice. Plus they'll sue if it ends early
    2. They want me to get permission to take days off and to call in before 10am for a sick day
    3. There are clauses to allow them full access to all of my electronic communication (this is not SC cleared) on all my devices
    4. There is a post-termination 6-month supply clause to the agency
    5. Can't find "own equipment" clause
    6. Does have substitution clause.
    7. Want to have access to all my finances including NI (as it's under 6 months This shouldn't be necessary at all)

    My gut says tell em to eff off. I've sent to QDOS for review. But I do not personally fancy being tied into 6 months of employeeship. I bank on controlling my own hours, directing my own life and basically take all the risk and work of running two companies so that I can have those freedoms.

    Has anyone else been given a contract like this before?
    Didn't we do this one just last week?

    Comment


      #3
      Originally posted by luimneach2005 View Post
      First they want an employee occupational health form filled out, with access to GP's and some pretty personal q's. I'm hearty and hale but not an employee so...
      You need to explain politely to them why you aren't going to complete the paperwork unless the site is handling hazardous materials or a construction site. In that case you need to complete it and hand it directly to the client.

      Originally posted by luimneach2005 View Post
      Onto the contract itself.
      1. They can give four weeks notice to terminate. My co can't give notice. Plus they'll sue if it ends early
      This can be in any contract. If you don't like it negotiate.
      Originally posted by luimneach2005 View Post
      2. They want me to get permission to take days off and to call in before 10am for a sick day
      This can be in any contract. If you don't like it negotiate.
      Originally posted by luimneach2005 View Post
      3. There are clauses to allow them full access to all of my electronic communication (this is not SC cleared) on all my devices
      This can be in any contract. If you don't like it negotiate.
      Originally posted by luimneach2005 View Post
      4. There is a post-termination 6-month supply clause to the agency
      This can be in any contract. If you don't like it negotiate.
      Originally posted by luimneach2005 View Post
      5. Can't find "own equipment" clause
      Lots of clients don't allow you to use your own equipment due to security regardless of whether the site is SC or not.

      In the case of them wanting to look at your electronic communications i.e. emails the fact you have to use their email servers about their issues means they won't start digging into your private affairs.

      In fact England and the rest of the UK, it's not legal for an employer to ask and obtain social media passwords etc of an employee so it's likely it's not legal for them to ask a contractor for the same information. However if there is evidence that you are storing or processing their information on cloud storage services like Dropbox or USB devices they are within their rights to give you problems.

      Originally posted by luimneach2005 View Post
      6. Does have substitution clause.
      So why are you complaining?
      Originally posted by luimneach2005 View Post
      7. Want to have access to all my finances including NI (as it's under 6 months This shouldn't be necessary at all)
      This can be in any contract. If you don't like it negotiate.

      You are probably better using Bauer and Cottrell or a solicitor to go review the contract rather than QDOS. Bauer and Cottrell know enough agents to get the correct contracts out of them while a solicitor will just redraft clauses pointing out the legality of them for a business.
      "You’re just a bad memory who doesn’t know when to go away" JR

      Comment


        #4
        thanks folks - I spotted the one from last week and it looks like the same agency imo. I've found QDOS are fine for reviews though I've never had one like this before!

        Comment


          #5
          Originally posted by luimneach2005 View Post
          thanks folks - I spotted the one from last week and it looks like the same agency imo. I've found QDOS are fine for reviews though I've never had one like this before!
          Hi, do you have a link to the post from last week?

          I too have a new contract which has similar clauses.

          regards

          Comment


            #6
            Originally posted by turbowoowoo View Post
            Hi, do you have a link to the post from last week?

            I too have a new contract which has similar clauses.

            regards
            Use the search facility or search from Google. If you work in IT these skills are vital to learn as you should be able to work without being spoon fed all the time.
            "You’re just a bad memory who doesn’t know when to go away" JR

            Comment


              #7
              Originally posted by SueEllen View Post
              Use the search facility or search from Google. If you work in IT these skills are vital to learn as you should be able to work without being spoon fed all the time.
              This a very patronising response.

              I have used the search function and have found numerous similar posts but asked which post was specific to the OP.

              What part of this request warranted a sh1tty response such as yours?

              Congrats for being the first self righteous ***** I have met to date on this great forum.

              Comment


                #8
                Originally posted by turbowoowoo View Post
                This a very patronising response.

                I have used the search function and have found numerous similar posts but asked which post was specific to the OP.

                What part of this request warranted a sh1tty response such as yours?

                Congrats for being the first self righteous ***** I have met to date on this great forum.
                Really? You clearly haven't been looking hard enough , seriously dude chill out...

                Comment


                  #9
                  Originally posted by turbowoowoo View Post
                  Hi, do you have a link to the post from last week?

                  I too have a new contract which has similar clauses.

                  regards
                  Here
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                  Comment


                    #10
                    Originally posted by TheFaQQer View Post
                    ǝןqqıʍ

                    Comment

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