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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 contracting direct with clients can be asked to prepare a dra� �should something go wrong. Sources of contractor contracts Contractors asked by a client to provide a draft� �ct with clients can be asked to prepare a draft ‘ contract for services ’ for review. For those dealing dire�
Category: Articles: Legal | Wed, 31 Mar 2010

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

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.
�apply As Sinclair explains, if the contractor is contracting via an agency, and has not specifically opted out� �, contractors should examine the wording of their contracts before signing them. If the contract is clearly a� �actors have limited options when trying to exit a contract that has no notice or termination clause. By leav�
Category: Articles: Legal | Tue, 13 Sept 2011

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.
�sions, which could ultimately lead to a breach of contract, or make the contractor’s claim worthless. “Whils�
Category: Articles: Legal | Fri, 14 Oct 2011

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.
�ent contracts are very common outside of the core contracting disciplines in both the private and public sector� �kers hired by clients under fixed-term employment contracts are not contractors running a business supplying� �ntracts may superficially resemble a contractor’s contract, in that they are typically for a fixed duration�
Category: Articles: Legal | Mon, 31 Oct 2011

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

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.
�in-house legal expertise to reword and customise contracts at short notice. Some agents might also prefer si� �Contractors who commission a review of a new contract may often find their legal experts flag a range o�
Category: Articles: Legal | Wed, 29 Feb 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

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.
�. We answered them all and have published over 56 contracting guides so far this year. To help the wider contra� �s, which are typically found in contractor agency contracts, play an important role in protecting the investm� �to date. They broadly fall into five main themes: Contract restrictions – restrictive covenants Contractual�
Category: Articles: Legal | Thu, 12 Sept 2013