Contractors handbook

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Legal: Page 1

Chasing payment using a letter before action
A letter before action is a formal letter to the company who owes you money informing them that unless they pay within a certain period you will commence legal action against them.

How contractors should handle being terminated
Being terminated can be a messy business, but contractors who handle it properly can make it a success.

Conduct of employment regulations: a guide to opting in or out
Most contractors don’t need the protection provided by the Conduct of Employment Regulations and when asked by their agency, can choose to opt out.

Contractors and employment rights: a huge can of worms
Contractors don’t need employment rights, but situations do arise where a long-term relationship between a contractor and a client starts to resemble having a job.

Your legal rights when you go contracting
Contractors new to limited company contracting must grapple with rules governing workplaces, relationships and practices: contract law.

What contractors should do about late payment
Late payment can become a thorn in your side. You do have some recourse if it does.

How to break free from a restrictive covenant following a client/agency dispute
Find out how you could potentially break free from a restrictive covenant and continue contracting when the client/agency relationship breaks down.

Contracting and late payment: correct legal procedure when invoices remain unpaid
Contractors seeking payment from clients and agencies for unpaid and overdue invoices must follow the correct process if they are to be successful.

How contracts are formed in English law
Contractors benefit from a basic understanding of how contracts are formed in English law so they know when to seek professional help.

What contractors can do when a contract falls through
Contractors can choose the legal route if jilted by an agent before a contract starts, but in many cases it’s best to take it on the chin and move on.

Contracts tainted with illegality are unlikely to be enforceable
Contractors who enter into a contract that is ‘tainted with illegality’ may find that the agreement is unenforceable, explains Roger Sinclair of Egos.

Guide to debt recovery using High Court Enforcement
Contractors can use High Court Enforcement as a debt recovery strategy when clients with assets won’t pay, says Burlington Group’s Ross Crawford.

Force majeure and frustrated contracts - guide for contractors
Contractors may find the principle of frustration and clauses headed with ‘force majeure’ could provide contractual relief, says Egos’ Roger Sinclair.

Practicalities for contractors when disputes ‘go legal’
Contractors would be prudent to only ‘go legal’ as a last resort and should understand the practicalities of legal action before heading to court.

Contractors embody ability, aptitude, agility: the theme of National Freelancers Day
Contractor strengths of ability, aptitude and agility will be debated by an all-star panel at PCG’s National Freelancers Day on 21st November 2013.

Contractor Doctor’s recent legal challenges facing contractors
Contractor Calculator’s Contractor Doctor summarises the top legal challenges & solutions that contractors recently faced and overcame.

Contractors unlikely to get paid faster following late payment legislation changes
Contractors experiencing payment problems with clients are unlikely to be paid any faster as a result of recent changes to late payment legislation.

Contractor guide to the ‘restraint of trade’ principles
Contractors may face contracts with restrictions, but sometimes these can’t be enforced due to restraint of trade principles, says Roger Sinclair.

What to do when agencies refuse to change contracts
Contractors with unacceptable contract clauses that their agency refuses to change have a range of negotiating strategies they can apply.

Contractors can use pre-start termination clauses if a client cancels a contract
Contractors can introduce pre-start termination clauses to protect against occasions when a client cancels a project early, before it even starts.

Fixed-term employment contracts and contracting are mutually exclusive
Workers hired by clients under fixed-term employment contracts are not contractors running a business, but employees whose employment has an end-date.

Contractor guide to handling discrimination and harassment in the workplace
Contractors encountering discrimination have few options because they are service providers and not employees, explains Lawspeed’s Theresa Mimnagh.

Terminating a contract when you have no termination or notice clause
Contractors have limited options when trying to exit a contract that has no notice or termination clauses, explains Roger Sinclair from Egos.

Contracting debtors: compulsory winding up of agencies or clients that won’t pay
Contractors owed money by agency or client debtors who refuse to pay can put them into liquidation by submitting a winding-up petition to the courts.

Contractors can circumvent poor agents that fail to adhere to the Conduct Regulations
Agencies failing to obtain a contractor’s opt-out from the Conduct Regulations at the right time can be circumvented, says Egos’ Roger Sinclair.

Restraint of trade rules do not mean contractors can bypass the agency
Restraint of trade is generally frowned on by UK courts. Roger Sinclair of Egos explains that the law protects both contractors and agencies.

Contractor contracts: when you need to draft the contract yourself
When contractors who are contracting direct are asked by clients to supply a draft contract for review, they have a number of sources to choose from.

Contractors suffering late-payment abuse by agencies & clients, reveals latest survey
ContractorCalculator’s late payment survey reveals that some agencies and clients are withholding contractors’ cash for longer than ever.

Contractors need to be careful in email negotiations to avoid early terminations
Contractors should carefully check all emails during negotiations to ensure they don’t say something that could lead to early termination.

Contractors retain conduct regulations opt-out
BIS has confirmed that limited company and umbrella contractors will retain the right to opt out of the Conduct of Employment Regulations.

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