Who is in breach of Contract? Immediate resignation!
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    Default Who is in breach of Contract? Immediate resignation!

    Hi all,

    I am new to the forum and will appreciate your advice on this my ordeal with a rogue agency (which I will not name out of respect):

    1. They recruited me for a role, only to get to work on my first day (to my greatest shock and surprise) to be told the role they were assigning me was different from the one I had been discussing with the agency through out the interview, assessment, vetting etc.

    2. When I objected, the client told me that the agency was fully aware and that if there was anything to discuss, I should do that with the agency and not them the client.

    3. I contacted the agency immediately and they tried claiming that someone had called me shortly before the start date to inform me of the change. (which of course was a fat lie).

    4. When I kicked off and reminded them of all the conversations we had, and that at no point had anyone ever told me of the change of role, they then said, I should carry on with the initial training and that they will talk with the client to see if I could be moved to the actual role they had recruited me for.

    They said this could happen within a month or so. I finished the training and started passing time on the new role hoping that I will be moved to my actual role. Having spent two months on the role and not seeing any sign of being move to the actual role, I decided to tender in my resignation with immediate effect.

    So effectively I left the role without working the 20 days notice that I would have worked under normal circumstances.

    Worth noting here is that, when I had expressed my strong disappointment, the agency told me if I were not happy with the suggestion to carry on for a month or so, I could resign. This was like a slap on my face, giving that I had just resigned from the my previous job and worked a full notice period just for this new job. To be told I could resigned if I was not happy was like a slap in my face.

    To cut the story short, I eventually submitted my resignation and left the job without working the notice period stated in my contract, which the end client is certainly not happy.

    My question is who actually breached the contract here? Is it me or the agency that recruited for a specific role and then ended up assigning me a different role without my knowledge? What are my options should they want to refuse paying me for the time worked so far?

    Thank you all in advance for you advice.

  2. #2

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    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
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    This reads like you have been negotiating with the agency rather than the client. That's inadvisable since agents know nothing about virtually anything.

    Did the client say anything about the situation beyond 'talk to the agency'? Seems like they never suggested you would get what you want so why did you stay?

    I wouldn't expect to get paid in these circumstances, but wouldn't be shocked if I was.
    Last edited by Cirrus; 11th February 2016 at 07:41.
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    Is this a permanent job, or a contract role?

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    What dealings did you have with the client before the role started?

    Is there any dispute over you getting paid?

    Why does it matter to you who broke the contract?

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    If this was a contract role via your ltd company/umbrella AND you wanted to be outside IR35 (which I guess you did as you got the contract reviewed) then you do NOT 'tender your resignation' (that means you are resigning from your ltd co).

    In the contract what does the actual clause say about what services your ltd co/umbrella are to provide?

    Was this 'training' in addition to the other services you offer, if not why have they signed up a ltd co/umbrella that cannot deliver?

    In my mind you are a long way into IR35 territory here. You should be able to say 'ltd co/umbrella are not available/able to provide the service from ddd/mmm/yyyy to dd/mmm/yyyy'

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    Thanks everyone for the responsesake. Just to clarify, it is a contracting role working under my own limited company. Reason why stayed on for this while is because I was told I would be moved over to my actual role after a month or so, and most of this conversationsite 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. I submitted my resignation to the agency after much unfruitful talking.

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    Quote Originally Posted by clincha View Post
    Hi all,

    I am new to the forum and will appreciate your advice on this my ordeal with a rogue agency (which I will not name out of respect):

    1. They recruited me for a role, only to get to work on my first day (to my greatest shock and surprise) to be told the role they were assigning me was different from the one I had been discussing with the agency through out the interview, assessment, vetting etc.

    2. When I objected, the client told me that the agency was fully aware and that if there was anything to discuss, I should do that with the agency and not them the client.

    3. I contacted the agency immediately and they tried claiming that someone had called me shortly before the start date to inform me of the change. (which of course was a fat lie).

    4. When I kicked off and reminded them of all the conversations we had, and that at no point had anyone ever told me of the change of role, they then said, I should carry on with the initial training and that they will talk with the client to see if I could be moved to the actual role they had recruited me for.

    They said this could happen within a month or so. I finished the training and started passing time on the new role hoping that I will be moved to my actual role. Having spent two months on the role and not seeing any sign of being move to the actual role, I decided to tender in my resignation with immediate effect.

    So effectively I left the role without working the 20 days notice that I would have worked under normal circumstances.

    Worth noting here is that, when I had expressed my strong disappointment, the agency told me if I were not happy with the suggestion to carry on for a month or so, I could resign. This was like a slap on my face, giving that I had just resigned from the my previous job and worked a full notice period just for this new job. To be told I could resigned if I was not happy was like a slap in my face.

    To cut the story short, I eventually submitted my resignation and left the job without working the notice period stated in my contract, which the end client is certainly not happy.

    My question is who actually breached the contract here? Is it me or the agency that recruited for a specific role and then ended up assigning me a different role without my knowledge? What are my options should they want to refuse paying me for the time worked so far?

    Thank you all in advance for you advice.
    Sounds to me like the following:-

    - Useless client whos changed their mind what they want at last minute.
    - Agent on thinking its a done deal will now do anything to ensure deal does not fall through.
    - Lies to contractor and crosses fingers they won't kick off.
    - When you do kick off, comes up with another lie about changing things in a month. Crosses fingers and hopes it all dies down.
    - Agent never suspected you'd let it go this far and actually resign. Hes in the tulipe now purely due to his actions so hes not happy.
    Rhyddid i lofnod psychocandy!!!!

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    Quote Originally Posted by psychocandy View Post
    Sounds to me like the following:-

    - Useless client whos changed their mind what they want at last minute.
    - Agent on thinking its a done deal will now do anything to ensure deal does not fall through.
    - Lies to contractor and crosses fingers they won't kick off.
    - When you do kick off, comes up with another lie about changing things in a month. Crosses fingers and hopes it all dies down.
    - Agent never suspected you'd let it go this far and actually resign. Hes in the tulipe now purely due to his actions so hes not happy.
    Client has to be party to this as well though? A completely different role would need a different skillset so he would no longer be the ideal candidate yet the client hasn't batted an eyelid? I'd say the source problem is the client and they agent could have been blindsided by this as well.

    All depends if it's perm or contract which is suspect we will never find out.
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