Reply to: Termination Clause in Spring Contract

[LondonManc]

FWIW, Clause 9.3.2 gives the client just as much "carte blanche" to get rid of you anyway. They simply say that you're "unsuitable" and, since it's only their opinion that matters, that is that.

They don't even need that; "there's no work, don't come in".

[billybiro]

Most of them do now, but some word it differently. The scary bit being "without any reason" and not having to give any.

FWIW, Clause 9.3.2 gives the client just as much "carte blanche" to get rid of you anyway. They simply say that you're "unsuitable" and, since it's only their opinion that matters, that is that.

[LondonManc]

^WLMS.

I've had a couple of contracts via Spring/Hyphen (or Pontoon as they are now). One contract passed the check fine whereas the other I had a lot of issues with - it partly depends on the end client as to the nuances of the contract which may make the review a pass or fail.

An IR35 contract review is the best possible advice.

I've known someone have a contract fail due to a time off request clause; the client didn't work that way anyway but the agent wouldn't remove the clause. He was advised that as long as he could prove working practices, the rest of the contract was a pass. Quite often the agency simply doesn't know how the client operates and is simply covering their own backside.

[ShandyDrinker]

Sod the termination clause - you're, in effect, a no notice gun for hire whoever you contract for. They can all get you out that day with no comeback; the agents will be on their side because they want future business/need to remain on the PSL.

Get it reviewed for IR35 compliance, which is far more important.

^WLMS.

I've had a couple of contracts via Spring/Hyphen (or Pontoon as they are now). One contract passed the check fine whereas the other I had a lot of issues with - it partly depends on the end client as to the nuances of the contract which may make the review a pass or fail.

An IR35 contract review is the best possible advice.

[bluetoaster]

Thanks all.

I haven't had it reviewed as I felt that I would be wasting money as Spring seem to have a 'take it or leave it' approach. The timescales don't allow it either as my start date is very quick. Having been out of contract for 3 months, with nothing much on the horizon, I cannot afford to lose this role. It is with a very reputable organisation so hopefully their ethics will prevail.

I've contracted through Spring and not had any issue with them making amendments I ask for.

[fidot]

Spring seem to have a 'take it or leave it' approach. .

They pretty much all say that. If you get Bauer & Cottrell to review it, they will also re-negotiate terms on your behalf. Other similar service providers may be available.

[SueEllen]

Thanks all.

I haven't had it reviewed as I felt that I would be wasting money as Spring seem to have a 'take it or leave it' approach. The timescales don't allow it either as my start date is very quick. Having been out of contract for 3 months, with nothing much on the horizon, I cannot afford to lose this role. It is with a very reputable organisation so hopefully their ethics will prevail.

I've got contracts reviewed within 24 hours.

All agencies try the take it or leave it approach only about 1% of them will try it out simply because if you've met the client it's harder for the agency to get rid.

Also regardless of whether you are negotiating a contract or not you should still be looking until your bum is on the seat and you have sounded out how much and how long the work is going to last.

[Hobosapien]

From next April the agency will have to do the contract reviews and do pre-checks with client on working practices to ensure they are not caught by the PS tax changes or if they are caught they set up the RTI etc in time for first invoice payment.

[barrydidit]

I had a Spring contract reviewed by QDOS which failed. The advice from QDOS was that there was an additional addendum which Spring would supply with (IIRC) clarification on some of the points. This was a standard issue which QDOS regularly encountered.

That was a few years ago, and things may have changed but as other posters have said it's always worth getting the contract reviewed and it can be turned around very quickly.

[missinggreenfields]

Thanks all.

I haven't had it reviewed as I felt that I would be wasting money as Spring seem to have a 'take it or leave it' approach. The timescales don't allow it either as my start date is very quick. Having been out of contract for 3 months, with nothing much on the horizon, I cannot afford to lose this role. It is with a very reputable organisation so hopefully their ethics will prevail.

Unless you're starting this afternoon, there is still time to get a review done. And you're much better knowing where you stand (or having a good indicator of it) than having your head in the sand.

[missinggreenfields]

The only one I don't like is the line in 9.3.3 that says you need prior agreement for absences.

The rest seem common sense to me - that's why I'm a contractor.

[LondonManc]

Sod the termination clause - you're, in effect, a no notice gun for hire whoever you contract for. They can all get you out that day with no comeback; the agents will be on their side because they want future business/need to remain on the PSL.

Get it reviewed for IR35 compliance, which is far more important.

[northernladuk]

Thanks all.

I haven't had it reviewed as I felt that I would be wasting money as Spring seem to have a 'take it or leave it' approach. The timescales don't allow it either as my start date is very quick. Having been out of contract for 3 months, with nothing much on the horizon, I cannot afford to lose this role. It is with a very reputable organisation so hopefully their ethics will prevail.

If you've bought PI/PL through QDOS you get a review free I believe. And you are never wasting money on a review. You know exactly where you stand and might rely on that review to get you out of trouble later.

[Hobosapien]

No notice is better than several months notice for IR35 assessment and to be seen as not an employee.

Also just because a clause is in the contract with the agency doesn't mean the client will use the clause or be that way inclined to not go through any pre-termination discussion with the contractor/agency if any issues are raised before getting to termination point.

Depends on the reason for termination as the client sees it. You'd have to do something extreme or be contracting for a ruthless client to be terminated on the spot with no strong prior indication it was coming.

[Bash D Bishop]

Thanks all.

I haven't had it reviewed as I felt that I would be wasting money as Spring seem to have a 'take it or leave it' approach. The timescales don't allow it either as my start date is very quick. Having been out of contract for 3 months, with nothing much on the horizon, I cannot afford to lose this role. It is with a very reputable organisation so hopefully their ethics will prevail.