"Right of Reimbursement" clause in CP contract

[malvolio]

I feel a nice long holiday coming on. Four weeks, perhaps? Have a word with the client...

[JohnnyLow]

I feel a nice long holiday coming on. Four weeks, perhaps? Have a word with the client...

That's the other threat they made; that I am not to mention anything regarding the contract to the client or I risk being sued as well.

This is driving me mental.

[malvolio]

Like I said, go on holiday, they have no control over that. CP do not manage you, the client does. Perhaps tell the client you need a break because of the pressure the agency is putting you under - that'll go down well. Also, write to the agent's unit manager and tell them to wind their neck in, write to REC and tell them and talk to your umbrella (they won't care, but at least they'll be prepared) .

More realistically, whatever notice period you've got, you can invoke it. If they then threaten to sue, they've broken the contract and you can walk immediately.

Good luck. It's a bit frightening telling multi-million pound companies where to get off, but you're the professioanl here, not CP. As DA says, the chance of getting sued in miniscule, so play hard ball. And if it does go pear shaped, go to the press!

[JohnnyLow]

Cheers mate.

It must be stressed though that there is no reciprical notice period on my side. Could be the killer clause.

I definately plan to stick to my guns though.

[JohnnyLow]

P.S. I forgot to add, the nice people at CP insisted today that I can be sued to recover all of the money I have already been paid for the contract.

This sounds completely absurd to me.

[privateeye]

P.S. I forgot to add, the nice people at CP insisted today that I can be sued to recover all of the money I have already been paid for the contract.

This sounds completely absurd to me.

After todays ruling in the courts that contractors can be made employees of the client - and with a contract such as CP's it is likely the same court would consider you an employee. With the way CP are behaving you have a great case for Constructive Dismissal.

People like CP always threaten legal action because they use only immature graduates as recruiters. They do not use properly trained professional consultants such as Dodgy but recruit their staff straight off the playground hence their rather my dads bigger than your dad type attitude. Holiday/sickness may be your only option after getting time sheets signed and submitted etc

[Clog II The Avenger]

Effing CP

<<Next time always remain opted in and always insist on a notice period that will allow you to terminate early, should another better opportunity arise.>>

I asked one agent what happens if I opt of the employment regs. She replied that it's the agency policy not to put candidates forward who opt in.

Also CPs contract are actually their standard terms and conditions and because they can’t be negotiated they are not enforceable according to the 2001 Unfair Business Terms and Conditions Act.

[JohnnyLow]

Good info lads. I may sleep tonight yet.

One other thought. Even if they were entitled to hit me up for damages, would this not be covered by my PI & PL insurance with my umbrella?

I don't have the details, but my welcome email reads "The PI Insurance is to cover you in the event you were to default on the end client’s site. As a contractor, you would not be covered under their company policy as you are not a permanent employee of the company. In the event they were sued as a result of your default, they would be obliged to recoup this cost from you the individual.".

Damn this contracting business is stressful sometimes.

[malvolio]

<<Next time always remain opted in and always insist on a notice period that will allow you to terminate early, should another better opportunity arise.>>

I asked one agent what happens if I opt of the employment regs. She replied that it's the agency policy not to put candidates forward who opt in.

Also CPs contract are actually their standard terms and conditions and because they can’t be negotiated they are not enforceable according to the 2001 Unfair Business Terms and Conditions Act.

Which agency - it's important because that is illegal and I keep hearing about it. It only takes one examle to get the DTI out of the comfy chairs...

[vetran]

Who is first to breach?

Have they breached the contract in any way? Late payments, false representation etc? That you can prove?

Get legal advice! It may be a few quid but its better than all this stress. All CP seem to have is weenie Barrack room lawyers - a bit like here.