Reply to: Unfair termination requirements

[pr1]

I was not asked the question and it is not mentioned anywhere in the contract. Is there a presumption either way?

the presumption is that you are in unless you've opted out - but check the wording of everything you signed carefully

[SueEllen]

I was not asked the question and it is not mentioned anywhere in the contract. Is there a presumption either way?

No you can't presume.

A properly written contract shouldn't mention the opt-out.

I suggest you dig through your emails and paperwork to confirm one way or another.

As they are a current client you should have them.

[Watchmaker]

That would be the opt in/out and it's only valid if you picked the right option. Which did you pick? It was only a year or two old when when you started so it's possible the agent didn't offer you the choice.

Check the sticky about it at the top of the business forums.

I was not asked the question and it is not mentioned anywhere in the contract. Is there a presumption either way?

[northernladuk]

That would be the opt in/out and it's only valid if you picked the right option. Which did you pick? It was only a year or two old when when you started so it's possible the agent didn't offer you the choice.

Check the sticky about it at the top of the business forums.

[Watchmaker]

Thank you all for your input. This client is just one of many to whom I supply my services, it just happens to be the only one with an agency involved. The 15% isn't mentioned anywhere in the original contract, but the 6 months is. My understanding was that the 6 months is not enforceable as the legislation allows for a maximum of 8 weeks, but I'll double-check that. Guess I've got some negotiating to do ! Thanks again for the advice.

[SlipTheJab]

Regular training and yearly reviews will have helped.

Don't forget the appraisals :-)

[FatLazyContractor]

@OP - The more important question is (tip to us all rather) - How did you keep HMRC off your back for that long?!

[FatLazyContractor]

Regular training and yearly reviews will have helped.

[northernladuk]

10 years! Jeez that more than twice as long as any permie role I've ever held, good skills to get a gig going for that long

Regular training and yearly reviews will have helped.

[SlipTheJab]

10 years! Jeez that more than twice as long as any permie role I've ever held, good skills to get a gig going for that long

[northernladuk]

Where is the unfair termination in all this anyway?

There is also the option of going to court to prove you are a permie with full rights which may trump the contract.

[LondonManc]

I think you'll find thats not the case. In that situation it's clear they are manipulating the situation to cut the agent out and the handcuff will stand. Either that or to cut the agent out they will have to pay the fee to buy the contractor off the agent as part of the disengagement.

In many cases when it goes to court the party that can prove a loss has the upper hand so the agent has a very strong case.

Key may be if clientco has a PSL and agentco hasn't been on it and this contract is by exception. If they can prove they've had a PSL.... oh why do I give a toss, he's a permie really anyway!

[northernladuk]

Works both ways. If they have nobody on board, clientco can simply say that they're not doing business with agentco any more and contractor cannot be blocked as agentco can no longer provide the service that the handcuff applies to.

I think you'll find thats not the case. In that situation it's clear they are manipulating the situation to cut the agent out and the handcuff will stand. Either that or to cut the agent out they will have to pay the fee to buy the contractor off the agent as part of the disengagement.

In many cases when it goes to court the party that can prove a loss has the upper hand so the agent has a very strong case.

[LondonManc]

You base salary is probably about £10,600 this year

More seriously, check your contract and talk to the client. If the agency have other contractors on site then the client probably has some leverage with them to sort this out.

Works both ways. If they have nobody on board, clientco can simply say that they're not doing business with agentco any more and contractor cannot be blocked as agentco can no longer provide the service that the handcuff applies to.

[pr1]

It could be the 15% is in the upper contract between the client and agent or it could be the agent know he's got you so is just making it up.

Anyway, agent has you in a handcuff and for a handcuff to stand up it has to be fair and reasonable and the agent has to prove loss. 6 months is more than reasonable and the agent will lose revenue so he's got you hook line and sinker.

Your options are
Pay it... But don't expect the 10% in your pocket. That's the agencies money not yours.
Carry on with your emplyment
Renegotiate the rate but you will have to be prepared to walk which I guessing you aren't.

or get your employer to pay it?