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How contractors should handle restrictive covenants: part 2 - the law
This is a largely untested area of contract law. But the law is broadly against restraint of trade in any form, so the burden of proof is on those who are defending restrictive covenants.
�Many contractor contracts include restrictive covenants which prohibit the� �nd increase their margins of profit, or to change contract conditions. This isn't legitimate, and please see�
Category:
Articles: Legal
| Thu, 04 Oct 2007
Contractors may keep the advance if wrongfully terminated
When a client or agency wrongfully terminates your contract, you can keep the advance even if the work hasn't started.
�rewer Consulting The London-based Dezigner Living contracted with a client named Olga Mirimskaya to rebuild a� �the London-based Brewer Consulting , an expert on contracting law: ''You are now entitled to receipt of advance� �th agencies and clients even before the work on a contract begins. This situation affects construction contr�
Category:
News
| Tue, 09 Oct 2007
Legal issues for contractors and agents
What are your legal options when you work with agents? This article follows the process through from the first contact to termination.
�David Royden-Laytons Solicitors Or the agent has contracted with you for 12 months, but the job is only going� �remember: this is not a binding offer. '' Verbal contracts are valid, but it is very difficult to prove what� �tact-First Legal Issue You start out by finding a contract via an ad on a job board and you contact the agen�
Category:
Articles: Legal
| Tue, 17 Jul 2007
Can agencies change contractor contracts midstream?
Suppose the client wants to change the conditions of your contract? You should be reasonable, but you do have rights.
�ith Layton's Solicitors in Manchester explains: ''Contracts that are in force can only be changed by mutual a� �ther work that is not necessarily included in the contract? Managing Expectations Typically, this will invol�
Category:
Articles: Legal
| Thu, 26 Jul 2007
Can contractors cut out their agent?
Maybe you can, legally, cut out the agent, but it's probably not a good idea. Changing agencies at the clients request is a better proposition.
�playing with fire. There are three points in the contract process in which you will be offered this choice.�
Category:
Articles: Legal
| Wed, 01 Aug 2007
Agency Workers Directive looms, yet still no opt-out for contractors
With the Agency Workers Directive expected to come one step closer to becoming law today, what are the implications for contractors?
�before renewal becomes necessary. Damaging to the contracting sector Ensuring that the legislation does not dam� �d find themselves working on multiple consecutive contracts lasting 11 weeks and 6 days before renewal become�
Category:
News
| Tue, 07 Oct 2008
Income shifting attack on contracting sector unlikely under coalition
The coalition government is considering tax breaks for married couples, possibly signalling the end of the income shifting attack on contractors?
�660 . This has been a major source of concern to contracting businesses run or owned by married couples. In a�
Category:
News
| Wed, 06 Oct 2010
Labour signs EU agency workers directive with no opt-out for contractors
In a deal that extends working hours beyond the restrictive 48 hour week, Labour has signed-up to the EU’s Agency Workers Directive.
�businesses to hire staff for short-term seasonal contracts or key busy times." Although the new directive wi�
Category:
News
| Tue, 10 Jun 2008
Survey shows UK agency workers don't want employment rights
British contractors almost uniformly reject the employment rights offered under the Agency Workers Directive.
�well-paid, and prefer the flexible lifestyle that contracting affords, as the comments accompanying our survey� �prefer to run their own businesses and work under contract rather than become employees of specific companie�
Category:
News
| Mon, 27 Oct 2008
Recruiter body defends contractors’ rights in new Agency Workers Directive proposals
The Association of Recruitment Consultancies proposes a two-tier system for the Agency Workers Directive that won’t impact on contractor livelihoods.
�sponsive economy ARC points out that agency staff contracted over longer periods and working on complex projec� �workers under the AWD after only 12 weeks into a contract. If this were to happen, the resulting cost to en�
Category:
News
| Tue, 02 Jun 2009
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