Contract assignment letter and Hays Contract

[Nibbles84]

Hi,

I've recently started a gig for a large American organisation in the UK. I only had the contract ("terms of assignment") through before I started.

I read through it and seemed relatively happy with it as it had the substitution clause etc and signed it. The terms of assignment referenced another document - the "assignment confirmation letter" or schedule that did not come through until after I started work.

When I received the assignment confirmation letter I wasn't happy about a few things such as the clause that I could not terminate the agreement, particularly as it was a very long contract ( > 1 year).

I have had the contract and assignment letter reviewed by QDOS and they have suggested some amendments for IR35.

The main thing that concerns me is the fact I can't give notice if I needed to bail due to external factors, maybe even IR35 in the future.

I've not signed the assignment confirmation letter and am awaiting the agency getting back to me as the main thing I want is a notice period included on the long contract so I can terminate it.

The agency seem to think they might be able to get traction on it with the client. Do you think I could still bail if I can't come to an agreement? particularly as I haven't yet signed the assignment confirmation letter (although I have signed the generic contract).

Thanks.

[stek]

If you've started it's too late - you accepted the terms by turning up...

[northernladuk]

You can't dick about like this. It's not rocket science to request everything you need, get it reviewed, negotiate and then make a decision. You are a CONTRACTor after all. Taking pot shots at it like this is just asking for trouble. You've signed the contract so you are done. Why would they then amend it to give you chance to bail out on them once you've signed?

I'm surprised qdos didn't mention anything about the contract being over a year with no notice. That sounds very much like the client wants a permatemp rather than a contractor to carry out a specific piece of work.

I'd be interested to see your work schedule as well. How they can detail your deliverables over a year without sounding like a job spec I'd like to see.

You've made your bed (rather badly) time to lie in it.

[northernladuk]

Do you know the difference between a fettered and unfettered RoS? Just having one in that looks OK isn't enough.

[psychocandy]

Hi,

I've recently started a gig for a large American organisation in the UK. I only had the contract ("terms of assignment") through before I started.

I read through it and seemed relatively happy with it as it had the substitution clause etc and signed it. The terms of assignment referenced another document - the "assignment confirmation letter" or schedule that did not come through until after I started work.

When I received the assignment confirmation letter I wasn't happy about a few things such as the clause that I could not terminate the agreement, particularly as it was a very long contract ( > 1 year).

I have had the contract and assignment letter reviewed by QDOS and they have suggested some amendments for IR35.

The main thing that concerns me is the fact I can't give notice if I needed to bail due to external factors, maybe even IR35 in the future.

I've not signed the assignment confirmation letter and am awaiting the agency getting back to me as the main thing I want is a notice period included on the long contract so I can terminate it.

The agency seem to think they might be able to get traction on it with the client. Do you think I could still bail if I can't come to an agreement? particularly as I haven't yet signed the assignment confirmation letter (although I have signed the generic contract).

Thanks.

OP - Ever see that Harry Enfield sketch where he was an antiques shop owner somewhere. Called "We saw you coming".

This is what has happened. Standard bulltulip from Hays Im afraid to do something like this. They know once you start its too late. Tried it with me once and then branded me as "unprofessional" because I said no contract no start.

Good luck waiting for agency to come back to you - its going to be a long wait honestly. They're just telling you what you want to hear.

To be honest some clients will just say no notice not negotiable - my current client does. BUT thats 3 months. I would not entertain for a year just in case. Could well be agency though getting this one through - think about it. They've now, in their head, got their income stream protected for 12 months (or at least protected from contractor leaving). All they have to is deflect the odd phone call.

Fear you are up against it now. Its going to be tough to get this changed. If you no longer wish to continue with this gig then there may be ways out but otherwise the agency have got you by the nadgers now.

[psychocandy]

You can't dick about like this. It's not rocket science to request everything you need, get it reviewed, negotiate and then make a decision. You are a CONTRACTor after all. Taking pot shots at it like this is just asking for trouble. You've signed the contract so you are done. Why would they then amend it to give you chance to bail out on them once you've signed?

I'm surprised qdos didn't mention anything about the contract being over a year with no notice. That sounds very much like the client wants a permatemp rather than a contractor to carry out a specific piece of work.

I'd be interested to see your work schedule as well. How they can detail your deliverables over a year without sounding like a job spec I'd like to see.

You've made your bed (rather badly) time to lie in it.

Or as I said could be agency protecting their income stream against contractor leaving because they just got away with that.

At the moment, agent knows contractor can't leave so as long as client wants someone they're sorted and the money keeps rolling in.

Client may even be doing 3 months with agent and may not mind if contractor has notice period. The OP would never know. Hes on the hook for 12 months and assume agency have got a notice period if their client does not renew.

[SlipTheJab]

Ship has sailed you will get nothing from Hays now.

[northernladuk]

This is what has happened. Standard bulltulip from Hays Im afraid to do something like this. They know once you start its too late. Tried it with me once and then branded me as "unprofessional" because I said no contract no start.

Well they would be right, granted for slightly arguable reasons in this case but still....

To be honest some clients will just say no notice not negotiable - my current client does. BUT thats 3 months. I would not entertain for a year just in case. Could well be agency though getting this one through - think about it. They've now, in their head, got their income stream protected for 12 months (or at least protected from contractor leaving). All they have to is deflect the odd phone call.

I call BS on this one. I can't believe for one minute Hays are making up termination periods that don't align with the clients. They get nothing from this except piss their client and get crap contractors. If someone gives notice they leave and Hays replaces them. It's not like they are used to it or anything.
More and more clients have non negotiable no notice contracts. Barclay's have has them for donkeys years. Probably something to do with mercenary contractors.

[northernladuk]

Or as I said could be agency protecting their income stream against contractor leaving because they just got away with that.

At the moment, agent knows contractor can't leave so as long as client wants someone they're sorted and the money keeps rolling in.

Client may even be doing 3 months with agent and may not mind if contractor has notice period. The OP would never know. Hes on the hook for 12 months and assume agency have got a notice period if their client does not renew.

Probably bollocks as already pointed out. This is extremely short sighted and hardly a good business model when you are trying to be top of your profession. Their income stream is still fairly well protected as its highly likely they will be able to provide the replacement.... Unless they are caught buggering about with notice periods and the client goes elsewhere.

[psychocandy]

Well they would be right, granted for slightly arguable reasons in this case but still....


I call BS on this one. I can't believe for one minute Hays are making up termination periods that don't align with the clients. They get nothing from this except piss their client and get crap contractors. If someone gives notice they leave and Hays replaces them. It's not like they are used to it or anything.
More and more clients have non negotiable no notice contracts. Barclay's have has them for donkeys years. Probably something to do with mercenary contractors.

Seen it before with other agencies. And why not?

So client says to agency - Tell you what we dont mind if you let contractors have one week notice.

Agency tells contractor no notice. One less thing that is going to the money rolling in (i.e. contractor giving notice). Might not be so easy to toss and replace contractor if he leaves - if there are agencies in on the pie.

Contractor is never going to find out unless they have specific discussion with client.