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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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I have been working for a UK company and have a fixed term

Resolved Question:

I have been working for a UK company and have a fixed term contract that expired 18 months ago although I continued to work in the same manner until I was terminated without notice. It is titled Independent sales Representative agreement - Would this agreement be covered by The Commercial Agents (Council Directive) Regulations 1993? If so will it have converted to an indefinite agreement with the associated terms?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

In order for an Agent to fall within the Definition of "Commercial Agent" the agent must fulfill the following criteria under regulation 2(1) of the Commercial Agents Regulations:
- a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the “principal”), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal.

If you essentially had the power to negotiate and conclude sales on behalf of your principal then then the regulations will apply.

Assuming the regulations to apply on expiry of the fixed term of your contract there is a minimum notice period under Regulation 15. For example 2 months for the second year of the contract.

Under Regulation 17 you will also be entitled to compensation for termination of the arrangement.

Can I be of any further assistance? Can you provide me with any information regarding what authority you had to negotiate for your principal?

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience: Solicitors 2 years plus PQE
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Customer: replied 2 years ago.


Thank you for your answer which is positive. I certainly was negotiating and concluding sales for the company. I will review the contract again myself but feel sure that I will be back in touch shortly - I will probably send a copy of the orginal contract,


 


Kind regards,


 


Barry

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