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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

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 Regulations – AWR risks for contractors, clients and agencies
Contractors, clients and agencies all face, and have to manage, risks since the Agency Workers Regulations come into force on 1 October 2011.
…ensure they do not have an adverse impact on the contracting supply chain. Clients, especially those with larg… …use fewer contractors, or to move operations, and contracts, outside the UK. The main AWR risks facing contra…
Category: Articles: Agency Workers Regulations | Wed, 27 Jul 2011

When a contractor signs a contract with terms they’d not agreed
Contractors who sign a contract that includes a mistake may find it is still binding, even if their agent or client was aware of the error.
…be aware of the implications of mistakes in their contracts with agents and clients. In some cases, the prese… …ases, the presence of the mistake invalidates the contract, but in others the contract is still binding. Con…
Category: Articles: Legal | Thu, 27 Nov 2008

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.
…t short notice before, or has a reputation in the contracting marketplace for changing contract terms at the la… …actor has turned down other potentially lucrative contracts in order to work on the cancelled one, a pre-star… …rom situations where the client has agreed to the contract but then cancels it before it even starts. In the…
Category: Articles: Legal | Tue, 31 Jan 2012

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.
…when to seek competent legal assistance, is a key contracting skill,” says Roger Sinclair of contractor legal s… …de issues through restrictive covenants in agency contracts. And client contracts sometimes have exclusivity… …rough trade, and it is a fundamental principle of contract law that we are free to enter into contracts on t…
Category: Articles: Legal | Thu, 29 Nov 2012

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.
…the restriction sets out to prevent, such as not contracting directly with the client or placing a geographica… …erentem’, and is designed to encourage clarity in contracts. Restrictive covenants are in place to protect th… …a restrictive covenant in their agency or client contract should not automatically assume that by applying…
Category: Articles: Legal | Wed, 01 Sept 2010

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.
…ut, even if they sign a piece of paper, such as a contract, saying that they do.” This means that if an agen…
Category: Articles: Legal | Tue, 23 Nov 2010