Getting Started with Contracts (The legal stuff)

[northernladuk]

No the wording isn't open to interpretation it actually depends on what the specific wording is in the contract.

If the clause is not specific then it doesn't tend to be enforceable. For example if they state you can't work with a client, that client's subsidiaries and that client's customers, and their client is say a large well-known telecoms company in the UK then it wouldn't be enforceable.

However if the clause stated something like you can't work for the client you had 3 months prior to leaving the company for a period of 6 months after you leave in the same capacity then it would be specific .and easier to enforce. Though whether the company will try and enforce depends on whether they have money to throw away on lawyers fees.

There is the legal element but there is also the relationship between the two as well and your ability to start with your new client can be spoilt politically not just legally. I have seen people switch to the client without problem, I have seen people that did it in a very messy way and I have seen people that got blocked as the new client dropped the offer through politics. It doesn't need to go legal to fall around your ears.

Just because your friend has done it doesn't mean it will work for you, in fact further back in the queue you are could cause you more problems as there will be a point where your employer says enough is enough and does something about it.

You may fly through this smoothly with the blessings of both companies, in which case good win all round. Just don't take it for granted. Taking it legal or even the threat of it may cause people to pull out etc.

Don't take the issue lightly and push it under the carpet believing all will be ok. Could be worth making your employer aware rather than dropping an unwelcome surprise on him

[MrT]

Hey Everyone,

Seems I got ahead of myself and need to tread very carefully.

The business unit that wants to contract me is going to have a discussion with the current client I am "sold" into to make them aware and get their blessing.

I have also started early conversations with my employer so that they don't get a nasty shock from someone going "did you know mr.t is going to contract for snickers!?" or something along those lines.

So I hope that wll cover off that element. What's funny is that it is all very messy, as my company "poached" some of my clients VP's and some of our staff have gone direct contracting to them, so although there's been no issues to date with this, I think you are all right and I just need to be cautious and try to keep the peace between the sides.

Now that conversations are taking place between the companies I guess now would be a good time to start getting my company setup and contract/schedule in order.

In terms of PGC there were some comments that they don't do accountancy, but their starter package says all the lingo for it, am I missing a trick or just being dumb?

Thanks as always everyone,

Mr.T

[malvolio]

In terms of PGC there were some comments that they don't do accountancy, but their starter package says all the lingo for it, am I missing a trick or just being dumb?

Thanks as always everyone,

Mr.T

Being dumb, perhaps. It's simply a service for members (or in this case, new members) who want a company set up and fully supported without missing anything by bundling various of their suppliers' offerings into a single box. The bit about contracting you're clearly missing is that you are totally on your own. That can be a bit daunting so all PCG is trying to do with One Stop is get you running, safely

Read what I said again: PCG are not a commercial organisation, they are a Trade Association whose aim is to make life simple for contractors (simple or otherwise).