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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6909
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I am a small company and have one sales person on a self employed

Customer Question

I am a small company and have one sales person on a self employed representation contract.
He recently gave the required 3 months written notice, allbeit headed "without prejudice" to terminate that contract with the sole purpose of negotiating better terms for himself. The 3 months expires on Monday 11th February.
He still wishes to go away and work for me during the month of February but informs me that I will not receive his proposal until the 11th,which gives no time to consider his proposal before he goes away working again. He has asked for me to provide him with a note to allow him to contact my companies clients during this period before new terms are considered/agreed.
Do I need him to sign another representation agreement and how will this affect the 3 months termination period.
Submitted: 4 years ago.
Category: Law
Expert:  Michael Holly replied 4 years ago.

He is asking you to simply give him authority without your knowing what he is going to be asking for.

My inclination would be to tell him that whilst you accept that he has terminated the agreement if he wishes to represent you without new terms being agreed then the terms under the old contract will apply until such time as the new terms are agreed.

I hope this helps.If there are any further points please reply

Best wishes

Yours sincerely

Michael Holly and other Law Specialists are ready to help you
Customer: replied 4 years ago.

if he continues on the existing terms what happens to the 3 month notice period ? ie if he continues indefinately on the existing terms because new terms cannot be agreed then what is the notice period ?

Expert:  Michael Holly replied 4 years ago.

This is really giving you the power to decide. You can take the view that the original agreement has terminated when the 3 months are up and simply continue the original terms on an ad hoc basis until new terms are agreed or alternatively say that since he is not in fact terminating the agreement at all because no fresh terms have been agreed it stays in place including the notice period and he will have to terminate again when new terms are in place if he wishes to continue being your representative. Soft ball or hard ball, your choice.

Yours sincerely

Michael