The "Conduct Reg's" are virtually unenforceable against your intermediary

[Rory Dwyer]

Dead easy. If you give me a contract that doesn't reflect the reality on the ground and/or align to the one you have signed with the end client and I wind up in court as a result, then I'll sue you for the consequent losses under boring old company law; contracts have to be reasonable and relevant with respect to the situation.

Getting bored now. You've had your fun, nobody's listening any more. And don't you have a real job to be getting on with? After all agencies are always telling us they're too busy to engage with us mere contractors.

Dear Malvolio,

If you say so. I wouldn't let the facts trouble you, it might interrupt your boredom.

As I said, I have only tried to share the issues with the contractors on this forum and answered any questions they may have. I would have thought having access to ask questions of one of the individuals who was involved in depth in the case would have been refreshing.

Should no one be interested then that's fine also. They will not ask any further questions.

[malvolio]

Dear Malvolio,

If you say so. I wouldn't let the facts trouble you, it might interrupt your boredom.

As I said, I have only tried to share the issues with the contractors on this forum and answered any questions they may have. I would have thought having access to ask questions of one of the individuals who was involved in depth in the case would have been refreshing.

Should no one be interested then that's fine also. They will not ask any further questions.

They might if you actually answered them. Heigh ho...

[DirtyDog]

They might if you actually answered them. Heigh ho...

It would be interesting if we had the full facts, rather than a subset...

[LisaContractorUmbrella]

It would seem as though a verdict in Guildford Magistrates Court cannot set a legal precedent so I don't think that this case will have the impact that has been supposed Mechanics of precedent - Crown Courts, County Courts, Magistrates' Courts

[Rory Dwyer]

It would seem as though a verdict in Guildford Magistrates Court cannot set a legal precedent so I don't think that this case will have the impact that has been supposed Mechanics of precedent - Crown Courts, County Courts, Magistrates' Courts

Dear Lisa,

You are looking at the wrong case if you want to look at the precedent.

Read the Egos article in todays Contractor Uk, even though Mr Sinclair gets a few things wrong, he gets a few things right as well.

Happy reading

[Rory Dwyer]

Very interesting thread which I will flip to my legal guys for their view. I do however think the thread title is misleading, having been to court personally on these matters I know the Regulations to be very enforceable in many circumstances.

Dear Andy,

When your legal guys give their view, see if you can ask them how it would impact on the controlled associated companies legislation for the hirers ? In my opinion, it will make for interesting reading from a hirers perspective and I would be interested if they come to the same conclusions as I do.

Re your other cases, I can put you in touch with our lead barrister, who was great.

[Andy Hallett]

S3 v CNL



I really don't know who I'd want to prevail in that one...

Dear Andy,

When your legal guys give their view, see if you can ask them how it would impact on the controlled associated companies legislation for the hirers ? In my opinion, it will make for interesting reading from a hirers perspective and I would be interested if they come to the same conclusions I do.

Will point them in that direction, ta.

[SueEllen]

:

Will point them in that direction, ta.

Can you give us a view when you are done since Rory Dwyer can't be bothered?

[Rory Dwyer]

Can you give us a view when you are done since Rory Dwyer can't be bothered?

Dear Sue Ellen,

It is not that I can't be bothered but I would not want to put words into their mouths.

If you would like me to give you my views then I am happy to.

[SueEllen]

Dear Sue Ellen,

It is not that I can't be bothered but I would not want to put words into their mouths.

If you would like me to give you my views then I am happy to.

No thanks.

I read the entire thread and you refused to answer other posters' extremely simple questions.

There as Andy Hallett made a couple of very sensible points. (And I disagree with him 99% of the time.)