"Right of Reimbursement" clause in CP contract

[malvolio]

The contract is essentially one of employment, with a few weasle-words to make it look like one for services. As a result it is marginal , especially if you are unconcerned about being able to defend yourself against IR35.

The reality of CP's business practices and their attitude to the contractors they represent, however, are an entirely different matter. To take one non-libellous example, try and get them to take an invoice instead of their entirely voluntary self-billing scheme...

OK, I'm biased, perhaps and I have refused work rather than take on one of the their contracts. If more of us did the same, the bad agencies would be out of business by now.

[JohnnyLow]

Apart from CP wishing to legitimately protect its business interestes what is wrong with the contract?

Shocking rate (which they told me a fair few lies to get me to accept, including inventing a canditate I was allegedly competing against that turned out not to exist), 3 hours travel per day, 1 day notice period for the first month from the client side, not a challenging or career-advancing role, insufficient workload (the agent from CP actually said "if you don't think there is 6 months of work there, work at half speed"), the fact I am contracted to an agency notorious for blatant unethical tactics that teeter on the brink of illegality (a colleague of mine who works in HR is currently pursuing legal action against their parent company Aiijion).

Apart from all of the above there is no problem.

[DodgyAgent]

Shocking rate (which they told me a fair few lies to get me to accept, including inventing a canditate I was allegedly competing against that turned out not to exist), 3 hours travel per day, 1 day notice period for the first month from the client side, not a challenging or career-advancing role, insufficient workload (the agent from CP actually said "if you don't think there is 6 months of work there, work at half speed"), the fact I am contracted to an agency notorious for blatant unethical tactics that teeter on the brink of illegality (a colleague of mine who works in HR is currently pursuing legal action against their parent company Aiijion).

Apart from all of the above there is no problem.

I think "Done like a kipper" is the expression that comes to mind.

[JohnnyLow]

I think "Done like a kipper" is the expression that comes to mind.

So you're saying I'm screwed?

Or would they just take the £500 and be done with it?

[JohnnyLow]

The contract is essentially one of employment, with a few weasle-words to make it look like one for services. As a result it is marginal , especially if you are unconcerned about being able to defend yourself against IR35.

Does that mean a reimbursement clause would be virtually unenforcable?

I remember reading in another thread that this may have been the case.

[Mailman]

If they are paying you two weeks behind then just go on leave for 3 weeks, get all your outstanding money paid out and then drop them like they are something hot (oh, schnap! ).

Meanwhile, while you are on holiday from your CP contract you have already started your other contract and one flick of the knife and Bobs your aunty!

Mailman

[DodgyAgent]

So you're saying I'm screwed?

Or would they just take the £500 and be done with it?

I reckon that you would be safe to leave, but better off giving 4 weeks notice and telling the client exactly why. Maybe stay untill a replacement is found, and in the meantime do what you can to get yourself another job. The agency wont be able to sue you if you leave the contract early, or at least they wont bother (or should'nt). If you go back either direct or through another agency they may be able to sue you for up to 6 months of loss of margin.

What I think you need to understand is that contractual clauses are there to act as a last resort option. Very few contractors or agents are ever likely to go to court over breaches of contract (such clauses are debated unnecessarily on this site ad infinatum) . Non payment of invoices is different, so if you leave and they try to withold your pay in lieu of damages they cannot.

If you are concerned about legal issues then I strongly suggest that you take some legal advice.

[MrsGoof]

If there is insufficient work at the client site, speak to them and see if they are willing to let you go.

[malvolio]

I reckon that you would be safe to leave, but better off giving 4 weeks notice and telling the client exactly why. Maybe stay untill a replacement is found, and in the meantime do what you can to get yourself another job. The agency wont be able to sue you if you leave the contract early, or at least they wont bother (or should'nt). If you go back either direct or through another agency they may be able to sue you for up to 6 months of loss of margin.

What I think you need to understand is that contractual clauses are there to act as a last resort option. Very few contractors or agents are ever likely to go to court over breaches of contract (such clauses are debated unnecessarily on this site ad infinatum) . Non payment of invoices is different, so if you leave and they try to withold your pay in lieu of damages they cannot.

If you are concerned about legal issues then I strongly suggest that you take some legal advice.

F*** me DA - you have been listening after all, I agree with all of that!

Now stop being a professional at once and go back to being adversarial, it's much more fun.

[JohnnyLow]

I reckon that you would be safe to leave, but better off giving 4 weeks notice and telling the client exactly why. Maybe stay untill a replacement is found, and in the meantime do what you can to get yourself another job. The agency wont be able to sue you if you leave the contract early, or at least they wont bother (or should'nt). If you go back either direct or through another agency they may be able to sue you for up to 6 months of loss of margin.

What I think you need to understand is that contractual clauses are there to act as a last resort option. Very few contractors or agents are ever likely to go to court over breaches of contract (such clauses are debated unnecessarily on this site ad infinatum) . Non payment of invoices is different, so if you leave and they try to withold your pay in lieu of damages they cannot.

If you are concerned about legal issues then I strongly suggest that you take some legal advice.

OK so I went and met with them face to face.

Basically they spent the better part of an hour threatening to sue my umbrella company (and hence me) for lost revenue. They threw around figures of £20,000. Note that the total value of the contract is around 15,000 over 6 months, and they claim to only be taking a 10% cut of that (so around £1500). They claim all they need to do is pluck a figure out of the air, hand it to the brolly, and the brolly will pay it then pursue me.

I call bulltulip, but I'm kind of worried at the same time.