My First Contract
Hi all,
I'm new here and new to contracting, so I've read lots of stuff, set up MyCo Ltd, got accountant, bank acct, registered with HMRC etc etc, and most importantly got myself a contract
I got this contract through an ex-colleague who got me an interview, and it's with a big corp, so all contractors are handled via a big agent.
It's taken almost two weeks after me signing lots of stuff for the agent (more on this below) to actually get the contract because there was some gap between A at big corp who I was introduced to and who is keen to get me in ASAP, and the agency who were asking for paperwork from big corp. Once I'd emailed A, and my contacts at the agency, B & C all together, then things finally got moving. It's well worth making sure everyone who should be communicating actually is!
Now some questions:
I signed the Opt Out from Conduct of Employment Agencies and Employment Businesses Regulations 2003, (yeah, I know I shouldn't have signed it, but I somehow missed this while checking all the other forms), anyway from what I've read, this may not even be valid as I wasn't introduced to the client by the agent?
And on the contract itself there's a restrictive covenant (I've replaced their name with Agent):
Is this enforceable as I got the contract direct, not through Agent?
Second thing is the notice period (see, I've been paying attention
)
It's a six month contract, and the Notice Period to Agent is "2 weeks for the first 3 months, 4 weeks thereafter", whereas the Notice Period to Company is "2 weeks written notice"
Should I ask for equal notice?
Start date is set as Wednesday week, the 19th August, so I've got some time, and I'll run it past Qdos as well, but the more advice the better
Thanks!
I'm new here and new to contracting, so I've read lots of stuff, set up MyCo Ltd, got accountant, bank acct, registered with HMRC etc etc, and most importantly got myself a contract
I got this contract through an ex-colleague who got me an interview, and it's with a big corp, so all contractors are handled via a big agent.
It's taken almost two weeks after me signing lots of stuff for the agent (more on this below) to actually get the contract because there was some gap between A at big corp who I was introduced to and who is keen to get me in ASAP, and the agency who were asking for paperwork from big corp. Once I'd emailed A, and my contacts at the agency, B & C all together, then things finally got moving. It's well worth making sure everyone who should be communicating actually is!
Now some questions:
I signed the Opt Out from Conduct of Employment Agencies and Employment Businesses Regulations 2003, (yeah, I know I shouldn't have signed it, but I somehow missed this while checking all the other forms), anyway from what I've read, this may not even be valid as I wasn't introduced to the client by the agent?
And on the contract itself there's a restrictive covenant (I've replaced their name with Agent):
Notwithstanding any other term contained within this Agreement the Company warrants that for the duration of this Agreement and for a period of twelve (12) months following the termination of this Agreement howsoever caused the Company and/or the Consultant(s), including but not limited to Other Personnel, shall not:
a) directly or indirectly in any capacity except through Agent enter into any arrangement with either the Client or End User or any company which is part of the corporate group of the Client or End User or any person or company which the Consultant(s) and Other Personnel connected with this Project has made contact with through the provision of Services to the Client or End User, if any such arrangement was gained as a result of the performance of Services under this Agreement;
b) introduce any other person to the Client or the End User with the view of that person being employed by or providing services for the benefit of the Client or the End User, without the written consent of Agent, other than through Agent, provided that where the Services include the selection of personnel for the Client, this term shall not operate so as to restrict the way in which Agent provides Services to its clients.
a) directly or indirectly in any capacity except through Agent enter into any arrangement with either the Client or End User or any company which is part of the corporate group of the Client or End User or any person or company which the Consultant(s) and Other Personnel connected with this Project has made contact with through the provision of Services to the Client or End User, if any such arrangement was gained as a result of the performance of Services under this Agreement;
b) introduce any other person to the Client or the End User with the view of that person being employed by or providing services for the benefit of the Client or the End User, without the written consent of Agent, other than through Agent, provided that where the Services include the selection of personnel for the Client, this term shall not operate so as to restrict the way in which Agent provides Services to its clients.
Second thing is the notice period (see, I've been paying attention
)It's a six month contract, and the Notice Period to Agent is "2 weeks for the first 3 months, 4 weeks thereafter", whereas the Notice Period to Company is "2 weeks written notice"
Should I ask for equal notice?
Start date is set as Wednesday week, the 19th August, so I've got some time, and I'll run it past Qdos as well, but the more advice the better
Thanks!
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