Obviously, this is not something for you to worry about because the fee is the fee that would be paid by the customer, and not by you.
I appreciate that it is something that you would need to discuss with the customer but it depends really on how much the customer wants you to carry on working for them.
These clauses are enforceable but it depends whether the customer wants to make the payment and if they are asked for it, and the agency tries to enforce it, they want the argument and possible court proceedings.
You say that the carer is on a zero hours contract but actually doesn’t have a contract, that gives a powerful argument that 15% of nothing is nothing. It does say 15% of “annual salary” and it would be for the court to decide whether it looked at an average over the last few years or not. I’m inclined to think that because this is a zero hours contract and there is nothing written with regard to annual salary, the court would not enforce it.
There is a risk that the agency would pursue it and if it did, those proceedings would have to be defended.
Can I clarify anything for you?
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