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Agency Ineptness

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    Agency Ineptness

    Hi,

    I've been contacting for over 15 years without issue, however currently have a biggie with agency refusing to pay:

    I signed a contract with a leading agency commencing 06/09/17 until the end of the year, end client is global media company - I was returning to them after a break of 2 months between the last contract with them which ended 30/06/17. New contract states 2 weeks notice must be given either way to terminate - so far so standard. The sponsor on the client side was a US IT team, the role was based in London managing their projects Internationally.

    When the day came to start, agency couldn't confirm who I should report to onsite in London (for building pass etc). I spent much time on calls with the US sponsors who told me the London team were playing funny buggers and all contractors required an extra approval layer and they were working to resolve.

    Long story short I spent a couple of weeks trying and waiting before I gave up, had next to no communication from the agency. By the time I got a new role sorted I lost in the region of 40 days revenue - ouch. I wrote to them stating I want my 2 weeks notice but got this back from the agencies legal team:

    · "Payment under the contract is subject to actually providing services. Clause 2.1.2 confirms that payment is conditional on completing and submitting timesheets approved by the client. You did not provide any services and did not submit any approved timesheets.
    · Clause 3.5 of the contract confirms we are under no obligation to provide, procure or offer any work to xLtd at any time. This means if the client does not require any services at any point during the contract, xLtd has no right to work/provide services and therefore no right to be paid. "

    The point is I burnt time waiting and they acted negligently by not ensuring everything was teed up with the client.

    I want to take them to the small claims for the 2 weeks notice, I did expend time, effort and telephone costs talking to the US team to try and move things along, but of course, no services provided and no signed timesheets.

    What are my chances do you reckon? I have good email evidence showing agencies lack of responsiveness and general ineptness - but I may have to take it on the chin, in which case, it's important to note that the 2 weeks notice mean sod all in terms of guaranteeing 2 weeks pay - client could simple not sign timesheets if you have those clauses above in your contract and can't prove you delivered anything.

    Cheers all

    #2
    Your only hope is they don't turn up. The clause stands.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      2 weeks notice means that the parties need to provide 2 weeks of notice to terminate the contract. It does not mean you get paid for 2 weeks for doing **** all. Go whistle.
      See You Next Tuesday

      Comment


        #4
        Next time if someone starts playing silly buggers so you can't start on-site give them 2 days to sort it out and tell them you are doing so, give them notice and find a new contract.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #5
          Originally posted by skybay View Post
          ...I spent much time on calls with the US sponsors...
          Maybe you could argue that this time was spent providing services, and therefore is billable.
          Down with racism. Long live miscegenation!

          Comment


            #6
            Originally posted by NotAllThere View Post
            Maybe you could argue that this time was spent providing services, and therefore is billable.
            If the phone calls were delivering contracted services then maybe. If they were agreeing the services then probably not.
            See You Next Tuesday

            Comment


              #7
              You need to see the contract as a framework which defines, among other things, a timeframe within which services may be provided and will be paid for if provided. A notice period is just the notice to terminate that contract. You could invoice and chance your arm in court but you are unlikely to get anywhere.

              Irritating but that's business.

              Comment


                #8
                On the presumption that you're an IPSE+ member, you should fill out the business interruption claim form if the contract was not as described.
                Best Forum Advisor 2014
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                Comment


                  #9
                  Originally posted by Lance View Post
                  2 weeks notice means that the parties need to provide 2 weeks of notice to terminate the contract. It does not mean you get paid for 2 weeks for doing **** all. Go whistle.
                  How can someone be a contractor for 15 years and not know this. It's pretty fundamental to the way we work and is a significant part of any IR35 defence....

                  Comment


                    #10
                    Nothing happening here for you unfortunately, unless you've got some sort of insurance to cover it. As I've said in the past, I've still got a contract from 2012 that I'm waiting to start.
                    The greatest trick the devil ever pulled was convincing the world that he didn't exist

                    Comment

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