Reply to: Two LTD Companies

[MarillionFan]

If your using your little fella Xog - you may struggle to hit the 'any' key (cough according to Mrs Xog).

Least I have proved it's bigger enough to fill a pram!!!

[xoggoth]

You're supposed to use your fingers? Damn!

[AtW]

From what I have heard, these conditions may not really be enforceable and it is rarely attempted, too much hassle and expense for an uncertain result.

Yes I heard so to, generally the main risk of falling foul of these is not having good relationship with the agency, so one has got to weight the risk of not getting possibly good contract in the future against the pleasure to tell them where to go.

Using 2nd company is smart however, since fighting both would make matters very complicated and in terms of money it simply wont be worth it.

[MarillionFan]

Maybe if you didnt type with one finger Xog you might be able to keep up!

[xoggoth]

Well said atw. And no, it's not just cos that horrid MF person was really nasty to me for not reading the thread properly (sucks thumb). Pity there is not a bit more integrity around. If terms of a contract do not suit, don't agree to them. I suspect that the change of company has not much to do with it really. From what I have heard, these conditions may not really be enforceable and it is rarely attempted, too much hassle and expense for an uncertain result.

No proper answers, but then, given that the correct legal position on these things could much more easily be established by a google or a query on Uklaw or Computer Weekly , anyone asking on this board is not seriously interested in the best answer, just looking for an argument and a bit of friendly but totally uninformed abuse.

I often ask things on this board, do I expect a useful answer? Do me a favour.

PS Overtaken again. 450 and they gave you 325? And other circumstances. Bastards! Contract or no, there is such a thing as an unreasonable margin and unreasonable conditions. Now I agree with you as well! Damn! Oh well, no arguments here then. I must go and hit the missus instead.

[AtW]

Anyway the first agent (even though it was 5 months later) reckoned that the new agency should give him the contract or at the least I should pay him 25% per week for the length of the contract.

Well, in this case I'd tell him to fok off.

5 months later and another agency dealing with it means that its fair enough - the anti-competitive clause in contract can (if that) only be enforced against person going direct, but you did not go direct in any case and if client agrees with Agency B to accept you then implicitly Agency A can fok off.

Wise move on 2 companies however, this probably shut the Agent A up quickly.

P.S. My last contract (and I dont look for many it was just out of the blue - agent found me) was for £350 working 4 days a week from home, agency supposedly was getting 250 per week and tried to get me down to 250 per day (from 300 initially mentioned) initially because it was from home, but I told them counter-suggestion for 350 and they accepted

[MarillionFan]

Its an interesting situation actually ATW.

I did a contract back in Jan for a two weeks with an agency who charged £450 per day and paid me £325.

Five months later I apply for another role through an another agent who says to me that the company in question(unknown to me) is looking for a permie but because I am local and he has two other contractors in there already he will try and see if they will take a contractor instead.

So he does quite a lot of work persuading the client to take a contractor for a few months instead of a perm and I go an interview for a different PM but in the same company at £350 and 15% commission.

Anyway a few days later the original agency phones up and says he has heard that client have interviewed someone for a contract and would If I send over a new CV he reckons he could get me an interview for £325.

Needless to say, the second agent was of the opinion of 'bollocks to the other agency as it was not him who got the new contract he only heard of it later'.

Anyway the first agent (even though it was 5 months later) reckoned that the new agency should give him the contract or at the least I should pay him 25% per week for the length of the contract.

Yeh. Right.

[AtW]

I take it you did not lose good nights sleep over effectively reneging on spirit of the contract that you signed? That's no gentleman's behavior MF!

[MarillionFan]

Thank you. Next time do not go

[AtW]

Judging by obvious inability of MF to engage in a rational conversation its pretty clear that he was fired from his job for being perversely unyielding person in regards to who should wipe off dust on this desk

Yes its not tax issue here but contractual, however similar situations arisen already and its clear how they were resolved - 2 companies in questions are associated and it can easily be argued that contractual restrictions applied to Company A will pass over to Company B simply because MF is the only or main person owning them as well as actually being the person who provides services.

Its plainly obvious that in this case having 2 companies serves no other purpose than workarounding contractual obligations, and thus the book should be thrown at MF. Of course its purely academical since MFs bluff clearly worked well.

[MarillionFan]

Are you Welsh?

[xoggoth]

(It) wasn't you escorted off our site about 6 weeks back was it, for demanding settlement of a technical dispute in the car park?

You weren't .. was it? don't make no sense.

[MarillionFan]

You just beat me to my correction (you) stroppy sod. (Wasn't) weren't you escorted off our site about 6 weeks back was it, for demanding settlement of a technical dispute in the car park?

No. I havent been escorted off site for at least five months thank you!

[xoggoth]

You just beat me to my correction stroppy sod. Wasn't you escorted off our site about 6 weeks back was it, for demanding settlement of a technical dispute in the car park?

[MarillionFan]

Was this posting about IR. No! So f-ck off.