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Agency applied for strike off at companies house - does it makes contract void?
Originally posted by Alan @ BroomeAffinityView Post
You can object to the striking off. Do that. Remember this is completely different to the company going into liquidation. There is likely to be a decent explanation. You've done the right thing by asking the question of the agency. But unless you're dealing with someone high level you're unlikely to get an answer. On the upside you may cause mass hysteria among the ranks!
Name and shame the agency and I'll see if I can dig any info up for you.
I would send a letter tomorrow for sure and speak to the client as well, because if that's the case, I would rather don't work the remaining days and sit home than working and not getting paid.
With regards to naming and shaming, it's very likely that any member of this forum ever heard of it, it's kind of one man band using Indian call center for fishing candidates. I will disclose the guy and company once things are sorted. Don't want to give them any excuse they can use against me.
Called the agent first thing in the morning. Now more confused than I was before. Long story short, the agent or owner, did not know that either because he sold the agency to another group, and was only dealing with his candidates on their behalf. He said he will get a new contract prepared from 1st of this month until end of contract and get it signed by the client and send it to me so I get paid. He also said he will make sure I don't loose out a penny. I believe that!!
Now I have 2 choices, go directly to the client and risk loosing a month payment, or sign the contract with new company and get paid by the agent and sign another handcuff clause.
Can client pay me directly and not pay the agent as they already applied for strike off, they shouldn't be taking any payment. right?
Called the agent first thing in the morning. Now more confused than I was before. Long story short, the agent or owner, did not know that either because he sold the agency to another group, and was only dealing with his candidates on their behalf. He said he will get a new contract prepared from 1st of this month until end of contract and get it signed by the client and send it to me so I get paid. He also said he will make sure I don't loose out a penny. I believe that!!
Now I have 2 choices, go directly to the client and risk loosing a month payment, or sign the contract with new company and get paid by the agent and sign another handcuff clause.
Can client pay me directly and not pay the agent as they already applied for strike off, they shouldn't be taking any payment. right?
Any more options I can use?
The client cannot really pay you directly. They have no contract with you, establishing one will almost certainly mean they (and likely you) are breaching the contracts that are in place. Whether this will have any actual consequences is a different issue, but probably some.
It probably wouldn't hurt you to check carefully what your contract says about successors, it is probably covered as to how things are dealt with in the case of the agency "disappearing" but it may not be. If it isn't then the contract is as dead as a dodo unless you agree to a transfer, new contract etc with somebody else.
If he's sold it then the new owners will be responsible for paying you so 'shouldnt' be a problem. Just need to find who they are and make it clear you expect business as usual. I believe the handcuff will prevent you going direct as they will have also bought all relationships and contracts.
'CUK forum personality of 2011 - Winner - Yes really!!!!
The client cannot really pay you directly. They have no contract with you, establishing one will almost certainly mean they (and likely you) are breaching the contracts that are in place. Whether this will have any actual consequences is a different issue, but probably some.
It probably wouldn't hurt you to check carefully what your contract says about successors, it is probably covered as to how things are dealt with in the case of the agency "disappearing" but it may not be. If it isn't then the contract is as dead as a dodo unless you agree to a transfer, new contract etc with somebody else.
Most contracts become void if either party becomes insolvent in any form.
I would hunt down the new owners and talk to the client just incase a few days off need to be taken.
"You’re just a bad memory who doesn’t know when to go away" JR
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