Who is in breach of Contract? Immediate resignation!
+ Reply to Thread
Page 2 of 3 FirstFirst 1 2 3 LastLast
Posts 11 to 20 of 22
  1. #11

    Ddraig Goch


    Join Date
    Apr 2011
    Location
    Cymru
    Posts
    9,112
    Thanks (Given)
    88
    Thanks (Received)
    171
    Likes (Given)
    1148
    Likes (Received)
    519

    Default

    Quote Originally Posted by LisaContractorUmbrella View Post
    What did it say in your contract? If the contract said that you would be working in role X but you actually worked in role Y then you could argue that the contract was invalid from the start and therefore the notice period would not apply. However, if that was the case, the agency could argue that you had plenty of opportunity within the 2 months you worked there to ask them to amend the contract - if you did and you have it in writing then point one applies. It could also be argued that, as you worked under the contract for a reasonable period of time, you accepted its contents by default, which would include the notice period, in which case you are in breach and the agency could withhold payment if there is a clause in the contract that permits them to do so.

    If nothing else, it's not really professional to walk off site without notice - you have inconvenienced the client and probably cost the agency money which means that they are far less likely to accommodate you when it comes to payment. I know that sounds harsh but, as a contractor, you are in business on your own account and you need to behave like a business man
    This is a fair point. Quite possibly, apart from arsing around at the beginning and changing the role, the client has acted properly. Sounds like they may have flagged the change up to agency, asked them to contact the person to ensure its all sorted. They may not know that the agency is trying to blag it.

    However, I wouldnt be worrying about the agency losing money because it sounds like they have not been upfront and honest when the role changed. So stuff them!

    Got signed timesheet and not opted out - you will likely get paid regardless if the agency kicks off about you leaving without notice. If they want to sue you for breach of contract they are free to do so but thats a seperate issue.
    Rhyddid i lofnod psychocandy!!!!

  2. #12

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    33,781
    Thanks (Given)
    141
    Thanks (Received)
    1466
    Likes (Given)
    1780
    Likes (Received)
    6031

    Default

    Quote Originally Posted by psychocandy View Post
    . Sounds like they may have flagged the change up to agency, asked them to contact the person to ensure its all sorted. They may not know that the agency is trying to blag it.
    That sounds like complete guesswork with a slight bias to agent hating to me.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  3. #13

    Godlike


    Join Date
    Sep 2014
    Location
    Non-Event Horizon
    Posts
    8,712
    Thanks (Given)
    340
    Thanks (Received)
    588
    Likes (Given)
    2227
    Likes (Received)
    2641

    Default

    The inside/outside IR35 is a moot point; the tax liabilities of the case are a separate issue.

    Essentially, the OP is saying that he (assumption, feel free to correct) has been recruited for one role, has turned up on site and found out they will be doing something different. If there's training involved then cool, you've been given contractor-level pay to get training! I'd give it a go - is it sufficiently different from what you've been doing or is it part of your general area?

    For example, if I'm a BI consultant with ETL, datawarehouse design and reporting skills/experience and someone took me on as a datawarehouse designer but wanted me to build the ETL procedures and train me in the tool that they use, then I'd carry on.

    Other general comments:
    • I agree; should never simply walk off site; you've a contract to honour and there could be legal consequences of walking
    • Money's money; in a tight market, is it not something that you could do for six months until you find another gig? Every day you're on the bench, you'll be thinking of that missing day rate
    • Agent's generally don't know more than the job spec and generally only understand 1/3 of it; the interview with the client should determine your fit for the role.
    • Why would a client pay an unskilled contractor to do the job?
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

  4. #14

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    33,781
    Thanks (Given)
    141
    Thanks (Received)
    1466
    Likes (Given)
    1780
    Likes (Received)
    6031

    Default

    Quote Originally Posted by LondonManc View Post
    The inside/outside IR35 is a moot point; the tax liabilities of the case are a separate issue.

    Essentially, the OP is saying that he (assumption, feel free to correct) has been recruited for one role, has turned up on site and found out they will be doing something different. If there's training involved then cool, you've been given contractor-level pay to get training! I'd give it a go - is it sufficiently different from what you've been doing or is it part of your general area?
    I'd personallyassume from the fact the OP calls it a role and is sufficiently pissed off enough to leave I'd assume quite different. He can't be dumb enough to leave over some associated training/work that would supplement his abilities as you've put in your example.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  5. #15

    Godlike


    Join Date
    Sep 2014
    Location
    Non-Event Horizon
    Posts
    8,712
    Thanks (Given)
    340
    Thanks (Received)
    588
    Likes (Given)
    2227
    Likes (Received)
    2641

    Default

    Quote Originally Posted by northernladuk View Post
    I'd personallyassume from the fact the OP calls it a role and is sufficiently pissed off enough to leave I'd assume quite different. He can't be dumb enough to leave over some associated training/work that would supplement his abilities as you've put in your example.
    Exactly, we just don't have enough detail to form a solid enough opinion.
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

  6. #16

    Fingers like lightning

    Cirrus's Avatar
    Join Date
    Oct 2015
    Location
    Rural Rutland
    Posts
    560
    Thanks (Given)
    6
    Thanks (Received)
    42
    Likes (Given)
    122
    Likes (Received)
    166

    Default

    Quote Originally Posted by clincha View Post
    most of this conversations were going on between me and the agency and not the client, since the agency said they are solely the one to negotiate with the client. My limited company has a business relationship with them and not the client.
    Now you are a contractor, you must understand that you work for the client. You negotiate directly with the client. You tell the client you are terminating. Your business relationship is with the client. The agency pays you but be clear: agents understand little apart from hair gel and BMWs. Don't fall for this 'in business on your own account' malarkey. You've suffered this time. Don't make the same mistake again.
    "The only thing standing between me and greatness is ... me "

  7. #17

    Godlike


    Join Date
    Sep 2014
    Location
    Non-Event Horizon
    Posts
    8,712
    Thanks (Given)
    340
    Thanks (Received)
    588
    Likes (Given)
    2227
    Likes (Received)
    2641

    Default

    Quote Originally Posted by Cirrus View Post
    Now you are a contractor, you must understand that you work for the client. You negotiate directly with the client. You tell the client you are terminating. Your business relationship is with the client. The agency pays you but be clear: agents understand little apart from hair gel and BMWs. Don't fall for this 'in business on your own account' malarkey. You've suffered this time. Don't make the same mistake again.
    +1

    The agency are an appointment and payment vehicle. You could still work for the client without that agency. I've returned to clients without involvement from the agency the second time; the client has called me directly. My business relationship is therefore with both the agency and the client and it's important to manage both and understand that your business has been engaged to produce a set of deliverables for the client, not the agency.
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

  8. #18

    Prof Cunning @ Oxford Uni

    WTFH's Avatar
    Join Date
    Nov 2012
    Posts
    10,238
    Thanks (Given)
    53
    Thanks (Received)
    1339
    Likes (Given)
    1055
    Likes (Received)
    3649

    Default

    I'm going to summarise the original post to:
    "I walked away from a contract without working the notice period. The client is unhappy. Will I be paid aa I think the agent is at fault?"

    So, questions:
    What did you say in your resignation letter?
    Did you mention the phrase "breach of contract"?
    Did you discuss the fact you were going to resign with the client?
    How long was the contract for?
    What was the issue you had with the new role?
    Why were you not prepared to work your notice period?
    Strong and Stable Moderation

  9. #19

    Godlike


    Join Date
    Sep 2014
    Location
    Non-Event Horizon
    Posts
    8,712
    Thanks (Given)
    340
    Thanks (Received)
    588
    Likes (Given)
    2227
    Likes (Received)
    2641

    Default

    Quote Originally Posted by WTFH View Post
    I'm going to summarise the original post to:
    "I walked away from a contract without working the notice period. The client is unhappy. Will I be paid aa I think the agent is at fault?"

    So, questions:
    What did you say in your resignation letter?
    Did you mention the phrase "breach of contract"?
    Did you discuss the fact you were going to resign with the client?
    How long was the contract for?
    What was the issue you had with the new role?
    Why were you not prepared to work your notice period?
    I'll summarise it even further
    NCOTBAC
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

  10. #20

    Double Godlike!

    oracleslave's Avatar
    Join Date
    Aug 2007
    Location
    Surrey
    Posts
    10,004
    Thanks (Given)
    56
    Thanks (Received)
    94
    Likes (Given)
    143
    Likes (Received)
    327

    Default

    Quote Originally Posted by LondonManc View Post
    I'll summarise it even further
    NCOTBAC
    TL;DR

+ Reply to Thread
Page 2 of 3 FirstFirst 1 2 3 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.