Originally posted by Boo
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Blog? What blog...? -
Originally posted by chef View Post"I work in Germany where such nonsense isn't asked"Originally posted by dynamicsaxcontractor View PostWorking direct.
Sorry if you guys feel left out, but I don't think you are missing much. Next time I'll put in a tick box for "Not Applicable" just for you.Free advice and opinions - refunds are available if you are not 100% satisfied.Comment
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Originally posted by Wanderer View PostThis poll is for contractors currently working on a contract formed under English law with an employment business which is governed by The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Sorry if you guys feel left out, but I don't think you are missing much. Next time I'll put in a tick box for "Not Applicable" just for you.Comment
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Originally posted by Boo View PostIn my opinion "introduced" in this case means introduced into the workforce (ie starting work) rather than introduced as in being sent for interview.
Boo
Secondly providing services through a limited company I get told the entire scope of the project when I go to meet the client for an "interview". There as when I was permanent I just got told what the company does and not what my actual job role was.
So saying that being sent for an interview means that you haven't been introduced is strictly correct."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by SueEllen View PostFirstly the law makes no difference between freelancers or temps.
Secondly providing services through a limited company I get told the entire scope of the project when I go to meet the client for an "interview". There as when I was permanent I just got told what the company does and not what my actual job role was.
So saying that being sent for an interview means that you haven't been introduced is strictly correct.
The actual relevant wording isshall not apply where a work-seeker which is a company, and the person who is or would be supplied by that work-seeker to carry out the work, agree that they should not apply, and give notice of that agreement to an employment business or agency, provided that such notice is given before the introduction or supply of the work-seeker or the person who would be supplied by the work-seeker to do the work, to the hirer.
But it also says "or supply" which is the bit hte agencies focus on and that blows the whole thing wide open again...
So a typical piece of ill thought out NL bollocks then. We won't get a real answer until someone is dumb enough to raise it in court.Blog? What blog...?Comment
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Originally posted by malvolio View PostIs this an example of feminine logic or am I missing something?
I had to take part in a telephone meeting immediately after I posted."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by SueEllen View PostSorry grammatical error - should have said "isn't".
I had to take part in a telephone meeting immediately after I posted.Blog? What blog...?Comment
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Originally posted by malvolio View PostSadly that's not what the law says. The critical point is when the client knows who you are
The regs are available online here. The relevant extract is as follows
"(9) Subject to paragraph (12), paragraphs (1) - (8) shall not apply where a work-seeker which is a company, and the person who is or would be supplied by that work-seeker to carry out the work, agree that they should not apply, and give notice of that agreement to an employment business or agency, provided that such notice is given before the introduction or supply of the work-seeker or the person who would be supplied by the work-seeker to do the work, to the hirer."
"The Regulations do not define an introduction but for the proper operation of this regulation, it is advisable to treat the date on which the work-seeker actually becomes employed or engaged by the hirer as the date from which the three month period should be measured"
Any other interpretation is just stupid IMHO.
BooComment
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Originally posted by Boo View PostI believe you are wrong.
Go ahead.
Though personally I've learnt don't argue with solicitors or barristers."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by SueEllen View PostBoo are you going to argue with the learned persons I use to review my contracts?
So what's your point ?
BooComment
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