Reply to: Giant

[Sausage Surprise]

Hi All,

this was my timeline to leave Giant. Hope it helps.

June 15 - Incorporate Ltd Co
June 16 - Tell Agency that I want to bill using my Ltd Co.
June 19th - Ge Paid by giant (this will be my final pay through Giant, but I didnt tell them at this stage)
June 20 - Agency tells me that they have informed giant. New Contract between my Ltd Co and Agency sent to me.
June 25 - New Contract between Agency and my Ltd Co started here
June 26 - Informed Giant that I am leaving them. They set my leaving date 4 weeks in advanc.
July 26 - Giant closes portal and sends me p45 a week later.

In short, make sure u overlap in between and get paid through them for the last time befre telling them u are leaving!.

Very good advice and it's just what I did. Very Important - Don't tell them you're leaving until they've processed your last payment, otherwise they become right twats about sending out your P45.

[buffdaddy]

Hi All,

this was my timeline to leave Giant. Hope it helps.

June 15 - Incorporate Ltd Co
June 16 - Tell Agency that I want to bill using my Ltd Co.
June 19th - Ge Paid by giant (this will be my final pay through Giant, but I didnt tell them at this stage)
June 20 - Agency tells me that they have informed giant. New Contract between my Ltd Co and Agency sent to me.
June 25 - New Contract between Agency and my Ltd Co started here
June 26 - Informed Giant that I am leaving them. They set my leaving date 4 weeks in advanc.
July 26 - Giant closes portal and sends me p45 a week later.

In short, make sure u overlap in between and get paid through them for the last time befre telling them u are leaving!.

[Bluebird]

no reason why you can't do that - just get your Ltd & Vat registration backdated as well...

[ciscobloke]

Leaving Giant

Hi,

I am having the same issue. I called Giant to tell them that I am leaving (finally going the ltd way!). However they said I had to give a 4 week notice!

Is there a way around it? maybe by not submitting timesheets for that 4 week period? and then getting Hays to pay to my ltd account.

Please advise.

Thanks,
-Ciscobloke

[Austin Wong]

Well I guess I don't like leaving anything to chance. Done this once already and not good.

I just like being prepared. Benefits starting this thread for me has been getting my head around solutions, understanding how things works and also getting some great resources and contacts.

Not likely if I never said anything.

Hopeflully the spin off is others will pick something up too.

Thanks everyone, you have been great.

[Lewis]

Hi Guys just want to clear things up a little. I am not having a go at Giant.

All I am doing my due diligence before I approach Giant. I am trying to get a feel as to what may happen so I am not surprised.

I am hopeful there will be no problems and am quite sure there will be no issues.

I just want to cover my bases.

The information I have been getting from you has been very good. Thanks everyone.

By the way, did those who left Giant have to give the 1 months notice?

Cheers

I thought you were having problems leaving which surprised me. You just need to phone them and you would have your answers in 2 mins!

[Austin Wong]

Hi Guys just want to clear things up a little. I am not having a go at Giant.

All I am doing my due diligence before I approach Giant. I am trying to get a feel as to what may happen so I am not surprised.

I am hopeful there will be no problems and am quite sure there will be no issues.

I just want to cover my bases.

The information I have been getting from you has been very good. Thanks everyone.

By the way, did those who left Giant have to give the 1 months notice?

Cheers

[simondolan]

Oh well, I can only hope and pray then they are reasonable and put this all down to a learning curve.

Drop them an email - I'm sure you will have no problem at all.

[Lewis]

I think thats probably quite near the truth.. my agency says poeple are leaving them in drives since the change from Powerhouse, therefore a contract like this may catch a few in its net..

Times must be really hard. Despite mostly hating them for all the trouble they have caused me in the past, I have a bit of simpathy that their business is being crushed by HMRC!

So is this a new clause in their contracts or one they have only just started to want to enforce. I don't have my contract with me but if it has been there for ages and they have let 100s or even 1000s leave with no issue then I would just call their bluff and say "see you in court" as I reckon it's just a desperate threat.

[M@H]

I wouldn't have thought Giant care who you work for it is normally agencies that have these clauses not Giant. Unless they are getting desperate now times are hard ?!

I think thats probably quite near the truth.. my agency says poeple are leaving them in drives since the change from Powerhouse, therefore a contract like this may catch a few in its net..

[Lewis]

I don't understand. I left Giant in April with no problems. As have 100s who were going to go to trailblazer. Why are you having problems? What were you on with them Strongbox or Powerhouse. Maybe there is some difference. I was on Powerhouse. I wouldn't have thought Giant care who you work for it is normally agencies that have these clauses not Giant. Unless they are getting desperate now times are hard ?!

[M@H]

This is enforceable. It is a restraint of trade but providing that the duration is not excessive (and 12 months isn't), the geographical spread wasn't too wide, and that the restraint was/is neccesary to protect the business then it is legal and enforceable.

I have been in the High Court with one of these and it failed to be enforced. Giants one is debateable as it states 12 months regardless of the period of the contract (i.e. a 2 month contract with IBM should not preclude you from working for them for 12 months afterwards) which in my mind is not reasonable. for info there is no geographical reference. To give you the text it states:

2.4 You hereby agree that you shall not (without the prior consent in writing of the Company) for a period of 12 months immediately following the termination of an Assignment indirectly or directly or through an agency or otherwise and whether on your own behalf or in conjunction with or on behalf of any other person, firm, company or other organisation, (and whether as an employee, director, principal, agent, consultant or in any other capacity whatsoever), (a) be employed or engaged in, or (b) perform services in respect of, or (c) be otherwise concerned with the Client for whom you were carrying out that Assignment.

however (as said)
"2.6 The provisions of clauses 2.4 and 2.5 above shall only apply if you have opted out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 in respect of that Assignment. "

but Giant appear to wrap up the Opt out statement with the Working Time Directive (and Label it as "WTD opt out") ... hmmm.

[grafter]

Get Roger Sinclair onto it,dont know his email etc but google itl

[richy]

Giant!

the tie in is only "signed" if they had a piece of paper in advance of the work starting AND the contract being proposed indicating you wished to opt out of the employment agency regulations. If they don't have that signed document, none of those clauses come into force.

In spite of that... any solicitor will just cross out most of that 'contract., its an unreasonable restraint on trade. Best thing to do now is to get something in writing to Giant (by recorded delivery).. "confirming" that you have not opted out of the regs etc etc. If you have left it months and months that wont help, but the sooner you make it plain the better!

Re Giant, tis defo not worth it, if your salary is 1k per week, you will loose about £350 on tax which if you formed a business you wouldn't have. the thing is, you need to really be a business, making sure you make efforts to look like you are planning on growing and acting as a bussiness.. and not a person! thx.richy

[Austin Wong]

I must say though I don't know how I could be a threat to their business.