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Old October 30th 07, 07:10 PM posted to uk.legal.moderated
Andrew McGee
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Posts: 1,099
Default Agency Termination


"Stuart Bronstein" wrote in message
.. .
wrote:

I am tied to an agency to sell a certain product. I have fallen
out with this agency big time, and they have terminated my
agreement, but before they did they suspended me in order to
"investigate" the situation. The terms of the contract state that
any termination period is 3 months. This they have adhered to, but
at the same time have maintained the suspension.


Are they paying you during your suspension period?

The industry I am in, has a watchdog that holds a register of all
firms and individuals who have qualified as being able to sell
this product. This register states the individual and/or and the
agency they are tied to, and one can only be tied to a single
agency at any given time. Therefore, this particular agency
holding me to contract until Jan 2008 is preventing me from going
off to another agency.


Can you work with another agency in a non-sales capacity during this
time?

That would under normal circumstances be ok, but, and this is the
bit I am very angry with, they are maintaining the suspension, so
in effect completely preventing me from trading. They will not
concede to releasing me under any circumstances, which is going to
make me bankrupt and they know this.


How will it make you bankrupt? If they're not paying you and have told
you that there will be no job for you when you come back, I don't see
how they can say you are only suspended, not terminated.

Stu



Two very important questions:

1. Are you really selling a 'product' i.e. goods rather than service?. It
matters because if you are selling goods, then you are probably a commercial
agent within the meaningof the Commercial Agents (Council Directive)
Regulations 1993, which provide some franework to govern your situation.

2. Do you have a written agency agreement? If you do, then its terms are of
the utmost importance here. If you do not, then (especially if you are a
commercial agent) I do not understand by what power they can 'suspend' you.

Feel free to reply privately if you prefer.

Andrew McGee



 

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