Who is in breach of Contract? Immediate resignation!

[psychocandy]

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.

[northernladuk]

. 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.

[LondonManc]

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?

[northernladuk]

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.

[LondonManc]

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.

[Cirrus]

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.

[LondonManc]

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.

[WTFH]

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?

[LondonManc]

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

[oracleslave]

I'll summarise it even further
NCOTBAC

TL;DR