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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
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.
�, specific legalisation and precedent relating to contracts, late payments and company law. Some legal princi� �encounter legal disputes when money is owed or a contract has been breached. But other legal issues crop up�
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Articles: Legal
| Wed, 20 Nov 2013
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.
�alone.” Force majeure is used in most contractor contracts Force majeure clauses will appear in many contrac� �find that the legal principle of frustration, and contract clauses under the heading of ‘force majeure’, cou�
Category:
Articles: Legal
| Tue, 10 Dec 2013
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.
�therefore unenforceable will be obvious, such as contracting with a former employer for tax evasion purposes.� �lair. “In the past, this has been held to include contracts 'tending to promote sexual immorality'. In 1866 a� �Contractors entering into a contract that is proved to be ‘tainted with illegality’ ma�
Category:
Articles: Legal
| Tue, 30 Sept 2014
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.
�ewal , or revalidate the old one before the first contract's term is up. Contractors shouldn’t delay as they m� �ind of loss as one of the risks and perils of the contracting business. When workers choose to become contracto� �ors looking for work typically apply for multiple contracts simultaneously. That usually means that once they� �Contractors who have a contract cancelled at the last minute can seek legal redre�
Category:
Articles: Legal
| Wed, 12 Nov 2014
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