EB now selling my contract - advice needed please!

**Mailman** · 13 March 2007, 21:48

Look, if you are opted in then check your contract. If there are no clauses that talk about the agents being managed out of the business relationship then you can do what ever you want at the end of the contract.

Also, if they do sell you (what are you, a slave?) then I wouldnt be surprised if the new lot try and get you to sign a new contract and get you to opt out.

Mailman

**meridian** · 14 March 2007, 10:28

Join the PCG

Call their legal helpline to confirm your Opt-in status and the timing of when you can go direct; they should also confirm whether or not your old EB has a claim for penalties. The EB will try it on regardless, but you need solid legal backup to state your case clearly and firmly to the EB, and not just hearsay from here.

Decide whether you really want to go direct or not - I've had that option, but didn't want the cashflow issues as I'd received anecdotal evidence that the client was a notoriously late payer. By going though an EB and being opted in the cashflow was more certain and I was happy to accept the EB's 10% cut for that certainty.

Use the PCG contract templates if accepting the direct contract.

HTH

**pmetcalfe** · 14 March 2007, 11:13

Hello,

Thank you Mailman and meridian for kindly replying with your suggestions and advice, it's greatly appreciated.

I did speak to the PCG legal helpline yesterday (thanks to a PCG member friend). Surprisingly they seemed to be a bit lacklustre in their response, they simply said "well, try to negotiate with the EB".

I've decided to see a solicitor for an initial talk later today. They say they know employment law/the 2003 regulations, so it should help to decide things.

Re cashflow: luckily not an issue for me, 20% extra for the rest of the contract is worth waiting for.

Thanks again for your replies. If anyone else wishes to post any additional advice, please feel free.

Kind regards
PM

**tim123** · 14 March 2007, 17:03

I don't think it matters what the legal situation is.

Another EB has got to be nuts to buy your contract for anything more than the margin on the notice period. Even if they can enforce the working direct cluase, they can't force you to stay so you could just give notice and leave.

Any reasonable offer you can make the EB, is bound to be better than anything that they can get elsewhere, so I would be making them an offer ASAP.

tim

**Euro-commuter** · 14 March 2007, 19:51

Originally posted by pmetcalfe

can I give 1 month's notice to the EB and then start work directly 8 weeks after, without being sued by the EB?

Which EB? Your agreement, even if binding, is with the old EB, not the new EB; and it is not clear that the old EB will have suffered an actual loss if you go and work direct after the end of the contract.

**pmetcalfe** · 15 March 2007, 09:45

Hello,

Thank you tim123 and Euro-commuter for kindly posting replies.

I think tim123 is correct, as there's now been a (good) new twist: unofficially I've learned that the EB has negotiated an extra month's notice with the bank, after which they will release me to go direct!

So the bank doesn't lose financially/workwise, the EB get the maximum they could have done (without resorting to legal action) and I get to go direct without resorting to the law/taking time out.

Of course this all has yet to be confirmed in writing. I am fervently hoping that there will be no more twists.

Thanks very much again to everyone who's taken the trouble to post replies - the 2003 regulations details links were very useful.

Kind regards
PM

EB now selling my contract - advice needed please!