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  1. #11

    Double Godlike!


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    Quote Originally Posted by northernladuk View Post
    Sounds like they've done him a favour. He's so far inside IR35 it must hurt
    Sounds like a case of getting in too deep, without knowing what you are really getting into.

    I've heard of similar cases, before

  2. #12

    Nervous Newbie


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    Default Letter Before Action

    Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

    things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )

    I shall be sending them a letter before action. That should hopefully make them see sense..
    Failing that a small claims court awaits....

    You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.

    As for the IR35 comments... no comments

  3. #13

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    Quote Originally Posted by dreamer View Post
    Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

    things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )

    I shall be sending them a letter before action. That should hopefully make them see sense..
    Failing that a small claims court awaits....

    You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.

    As for the IR35 comments... no comments
    Bravo! Ignore the haters,

    I admire your Dunkirk spirit, well done sir

  4. #14

    TPAFKAk2p2

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    Quote Originally Posted by dreamer View Post
    Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.
    This - have it professionally reviewed (QDOS, B&C or IPSE (Abbey Tax) offer these services). What looks good to the untrained eye may not be so good when it comes to relying on it to get paid, or argue your IR35 status.

  5. #15

    I live on CUK

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    Quote Originally Posted by dreamer View Post
    Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

    things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )
    You are clearly a new contractor as virtually all agency contracts contain contradictory clauses.

    Quote Originally Posted by dreamer View Post
    I shall be sending them a letter before action. That should hopefully make them see sense..
    Failing that a small claims court awaits....
    Definitely a new contractor.

    If you want to be seen as an aggressor and have the agency wait for you to drag them all the way through the courts for their amusement, send them a letter before action now.

    If you want to do it properly send them an invoice and a letter requesting payment giving them your standard invoice time to pay. (Letter should be sent by registered post) When they don't pay up follow it up using the Late Payment legislation again giving them the standard time to pay, and then and only then do you send them a letter before action.

    You only turn to the courts when it's clear the other party doesn't want to pay and you have evidence of that hence sending all letters by registered post. (Do not use email ) Civil cases are judged on the balance of probabilities and the judge can decide not to give you your full claim if they decide you were liable for x% of what went on.

    Quote Originally Posted by dreamer View Post
    You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.
    They are not your employer. You are a service provider and how you work with the end client is by mutual agreement. You then have to learn how to manage the agency as well.

    Quote Originally Posted by dreamer View Post
    As for the IR35 comments... no comments
    I strongly advise you to learn about IR35. If you go around calling your client or agency your employer and get dragged before a judge, which if I was the agency I would do due to your lack of understanding of any laws, they will crucify you.
    "You’re just a bad memory who doesn’t know when to go away" JR

  6. #16

    I live on CUK

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    Quote Originally Posted by MrMarkyMark View Post
    Bravo! Ignore the haters,

    I admire your Dunkirk spirit, well done sir
    Sarcastic bast****
    "You’re just a bad memory who doesn’t know when to go away" JR

  7. #17

    My post count is Majestic

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    Quote Originally Posted by dreamer View Post
    Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.
    Why are you telling us and why are you giving poor advice. You don't need a solicitor. You need a contract specialise like QDOS, B&C and the like.

    things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )
    Why are you staring it out. You left itnin halfway down your original post. Again why are you telling us. The term you are looking for is 'I should have'

    I shall be sending them a letter before action. That should hopefully make them see sense..
    Failing that a small claims court awaits....
    Good luck with that seems your contract will explicitly stated they can do what have done.

    You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.
    It's not your bloody employer. Jesus wept. Termination can be anytime and it can be instant. They withdraw any work so you've nothing to do and ask you not to come in again. You can have 5 years notice if you want. You won't work a daybof that so won't get a penny.

    Remember..... Notice is for permies..

    All this has been pointed out a number of times by expeti3nced contractors yet you don't want to listen.

    As for the IR35 comments... no comments
    Well you ought to have some comment. Unless you are via an umbrella you are in a very bad situation. I doubt your contract will hold up, you don't understand that you are a contractor as you can't even use the right terminology, you are clearly part and parcel and you are working without a schedule. And a year's worth of exposure? Jeez. Not good at all.

    Time to start listening IMO.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  8. #18

    I live on CUK

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    Quote Originally Posted by northernladuk View Post

    Good luck with that seems your contract will explicitly stated they can do what have done.
    To be fair contracts can state anything however whether they are legal is a different matter.

    In this case the OP has nothing to complain about as s/he wasn't discriminated against or wasn't trying to do a protected act.

    Personally the OP should move on rather than waste energy fighting a very large agency and take on board all the lessons learnt including most importantly not to p*ss off client staff.
    "You’re just a bad memory who doesn’t know when to go away" JR

  9. #19

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    If you have a contract that states they don't pay if the client has no work, then it stands. I don't see any legal reason why not, after all employees have to put up with zero hours contracts.

    What the notice period is there for is to stop the agency replacing you immediately if there is work.

    I would not fight this beyond a letter or two as you're on shaky ground .

    I would just move on, happens all the time.
    Author of the best seller "How to get Poor quickly"

  10. #20

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    Point 1 is for the client not needing your services.

    Point 2 is if Experts want to terminate.

    Also, what they all said.

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